Kelly vetoes anti-trans bills; overrides loom

Her actions highlighted how her Republican-leaning state has become a fiercely contested battleground as GOP lawmakers across the U.S. target LGBTQ+ rights through several hundred proposals.

By

State News

April 21, 2023 - 3:14 PM

TOPEKA, Kan. (AP) — Kansas’ Democratic governor on Thursday vetoed a sweeping set of anti-transgender measures, including a ban on gender-affirming care for children and teenagers, but the Republican lawmakers who pushed them appeared to have the votes to override most of her actions.

Gov. Laura Kelly rejected restrictions for transgender people in using restrooms, locker rooms and other public facilities; limits on where they are housed in state prisons and county jails; and even restrictions on rooming arrangements for transgender youth on overnight school trips.

Her actions highlighted how her Republican-leaning state has become a fiercely contested battleground as GOP lawmakers across the U.S. target LGBTQ+ rights through several hundred proposals. Kelly narrowly won reelection in November, but the Legislature has GOP supermajorities and conservative leaders who have made rolling back transgender rights a priority.

The measures on bathrooms, jails and overnight school trips passed earlier this month with the two-thirds majorities needed to override a veto, and on April 5, lawmakers overrode Kelly’s March veto of a separate ban on female transgender athletes in girls’ and women’s sports. However, two days later, the measure on gender-affirming care fell 12 House votes short of a supermajority.

Kelly said in statement on the four vetoes that measures “stripping away rights” would hurt the state’s ability to attract businesses. The vetoes also were in keeping with her promises to block any measure she views as discriminating against LGBTQ+ people.

“Companies have made it clear that they are not interested in doing business with states that discriminate against workers and their families,” Kelly said in her statement. “I’m focused on the economy. Anyone care to join me?”

At least 14 states with GOP-led legislatures have enacted laws against gender-affirming care for minors, including North Dakota as of Wednesday. 

At least seven have bathroom laws, mostly focusing on schools, and at least 21 have imposed restrictions on transgender athletes.

The Kansas bathroom bill would have applied not only to bathrooms and locker rooms outside schools but rape crisis centers, domestic violence shelters and state prisons, as well as the county jails covered by a separate vetoed bill. Because it also sought to define “sex” as “either male or female, at birth,” transgender people wouldn’t have been able to change the gender marker on their driver’s licenses, though a 2019 federal court decree still would have allowed them to change their birth certificates.

Advocates of LGBTQ+ rights see the measure as legally erasing transgender people and denying recognition to non-binary, gender-fluid or gender non-conforming people.

“I am not going to go back to those days of hiding in the closet,” Justin Brace, executive director of Transgender Kansas, said during a recent transgender rights rally outside the Statehouse. “We are in a fight for our lives, literally.”

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