Rep. Abi Boatman gives her thoughts on transgender bathroom bill
Kansas Legislature overrode Gov. Kelly’s veto for transgender bathroom bans. Hear what this trans legislator has to say.
The American Civil Liberties Union has filed a lawsuit challenging Kansas’ new sweeping anti-transgender law, the first in the nation to rescind previously issued IDs with updated gender markers.
Senate Bill 244 took effect Feb. 26 after the Republican supermajorities in the Kansas Legislature overrode a veto by Democratic Gov. Laura Kelly.
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, the ACLU of Kansas’ legal director, in a statement. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
The lawsuit was filed Feb. 26 in Douglas County District Court on behalf of two anonymous plaintiffs. The lawyers on the case are from the ACLU and Ballard Spahr LLP. They argue “that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.”
The law prohibits transgender Kansans from changing the sex or gender marker on their driver’s license and birth certificates. It also immediately invalidated identification documents for more than 1,000 transgender Kansans who already had changes approved.
The law also bans transgender people from using bathrooms, locker rooms and similar facilities in government buildings that align with their gender identity. They must instead use the restroom corresponding to their sex assigned at birth. Additionally, the law bans gender-neutral bathrooms with more than one stall.
The law has various enforcement provisions, including allowing anyone to sue someone else who they think is transgender and suspected of using a restroom that is different from their sex assigned at birth.
Republican Attorney General Kris Kobach lobbied for lawmakers to explicitly ban gender marker changes after state courts allowed them to resume amid litigation over a predecessor law, Senate Bill 180. Lawmakers then added the bathroom bill provisions through a gut-and-go without a public hearing.
The state of Kansas, represented by Kobach, is a defendant in the case. Other defendants include agencies and agency leadership under the Kelly administration, including the Kansas Department of Revenue and Kansas Department of Administration.
Spokespeople for Kobach and Kelly did not immediately respond to requests for comment.
The plaintiffs have filed a motion for a temporary restraining order and asked for a hearing on Feb. 27 “or as soon as possible.”
Jason Alatidd is a Statehouse reporter for The Topeka Capital-Journal. He can be reached by email at jalatidd@usatodayco.com. Follow him on X @Jason_Alatidd.