Identification Shifts: Senate Bill 244, on Gov. Kelly’s desk, would require people to use the bathroom of their birth gender and have an ID matching their birth gender

Senate Bill 244 was passed through the Kansas House and Senate on Jan. 28 and presented to Governor Laura Kelly last Tuesday. SB 244 would require any identification, including drivers licenses, to match the gender assigned at birth and people to use their birth-gender restrooms in government-owned buildings. Kelly has not yet confirmed or vetoed the bill.

Public schools are included in the umbrella of government-owned buildings. According to SMSD Superintendent Michael Schumacher, the current discussion and interpretation within the district is that the gender-neutral bathrooms present at SM East and district-wide won’t be impacted.

However, according to SM East-area Representative Rui Xu, SM East’s gender-neutral restrooms will no longer be legal and must be designated as male or female. It’s unclear if construction would be necessary to comply with the bill. The bill will be further interpreted, and implementation will be discussed by the school board if it’s put into law, according to Schumacher.

This bill was expedited through a “gut-and-go” procedure, meaning a pre-existing bill that had already been passed through the House and Senate was amended to concern bathroom usage and identification.

It was passed in the House with emergency final action, eliminating waiting periods and allowing little time for public comment. This procedure is in place for emergencies when legislation needs to be passed quickly.

Based on her past decisions, Kelly is likely to veto the bill. However, it has enough votes in both chambers to override the veto. If that happens, the bill will go to the courts.

This bill was proposed with the intent of protecting women in private spaces. During the judiciary meeting, Representative Charlotte Esau argued in support of the bill. She argued that women have faced sexual assault in public spaces, like restrooms, and this bill would offer protection from trauma.

“[Women] should not have to come here in mass numbers and tell you that they have been traumatized in order for us to do the right thing,” Esau said. “This bill doesn't need to go back for us to hear that, for us to have women come in and tell us their concerns. We know.”

However, according to Xu, the process of this bill was quick and “shady.”

“Going to session, we knew we were going to talk about trans people a little bit, at least on the driver's license part,” Xu said. “But in judicial committee, last minute, without any warning, without any public hearing or public comment, they added in this bathroom amendment.”

The bill would impose a fine of $1,000 for any individual and $25,000 for any institution not in compliance on the first violation and $125,000 for subsequent violations. Further, it would allow any individual to sue someone who they believe uses the incorrect restroom. Anyone can be sued — not just transgender individuals.

According to Xu, this is a continuation of a series of anti-transgender legislations, beginning with banning transgender athletes in sports and the restriction of medical care for transgender kids.

The introduction of this amendment also follows the election of the second transgender state Representative in Kansas, Abi Boatman, on Jan. 8.

“It would be hard to believe someone who told me that it wasn't at least, in part, due to my presence in the Capitol building,” Boatman said. “I would believe that there are people in this building who don't want me using the restroom that I feel I should be in and this was a way of them making sure that I was only allowed to use one restroom in the whole building.”

Boatman believes that current legislation in place protects women and children in public spaces, and that this proposed legislation is an attack on the rights of transgender people.

Indian Hills parent and advocate for transgender rights, Hazel Krebs, has urged transgender people to leave Kansas due to the “hostile” environment legislation is creating. Krebs is transgender and plans to move after her daughter graduates high school in four years.

Krebs works primarily in Missouri, which has more protections for transgender people, and is able to leave the more restrictive Kansas laws. However, she is concerned for students as they are required to go to school.

“Year after year, it gets worse and it's becoming more and more dangerous,” Krebs said. “This country is becoming dangerous to our community.
Some states are passing protection, but Kansas is making it worse.”