It’s ‘Icing On The Cake’ – In Major Victory, Kansas GOP Override Veto To Pass Sweeping Transgender Bathroom Bill

On Thursday, Republican legislators in Kansas passed one of the most sweeping and restrictive transgender bathroom bills, overriding Governor Laura Kelly’s (D-KS) veto of the bill. The Kansas House voted 84-40 to override Kelly’s veto and push through Senate Bill 180, which officially defines sex in state law to be an “individual’s biological sex, either male or female, at birth.” The Senate voted the day before to do the same by a vote of 28-12, per The Hill

The bill, which goes into effect on July 1st, goes further as to define women as people “whose biological reproductive system is developed to produce ova,” and a male as a person “whose biological reproductive system is developed to fertilize the ova of a female.”

The measure declares that these distinctions are important given that certain spaces are designed for each sex. In keeping these spaces separate, the legislature is “protecting the health, safety, and privacy of individuals in such circumstances.” The law will apply to school restrooms, locker rooms, prisons, domestic violence shelters, and rape crisis centers. 

Republicans herald this bill as a major step in the right direction. Kansas House Speaker Dan Hawkins (R) said that the override on Kelly’s veto was “truly the icing on the cake” and that he was “just giddy”, per AP News

It’s notable that the law doesn’t impose criminal penalties or fines for violators, which has led to many bringing up the concern that the law will be unenforceable. 

This bill, however, is not alone, with eight other states having similar legislation in place, according to the Movement Advancement Project

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Governor Kelly expressed her concern with the bill, stating that “Companies have made it clear they are not interested in doing business with states that discriminate against workers and their families,” though the actual economic impact of the bill on Kansas is unknown and likely minimal.

Other critics of the bill also believe that it will lead to further harassment and bullying of non-gender conforming and transgender persons, however, Sen. Ty Masterson (R), Kansas Senate President, says he expects police to intervene if there’s any sort of “harassing behavior.” Masterson also said that transgender people may be able to use the bathroom in line with their desired gender so long as “they’re discreet about it.”

The law will likely pan out further as cases make it to the courts, just as Brittany Jones of Kansas Family Voice, which backed the law, claims. “It would be as the cases arise.”

Overall, passing the bill despite the previous veto from Kelly can only be seen as a major win for conservative Kansans. This will be something to keep an eye out for as the measure makes its way to the local courts in the coming months.

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