Kansas Republicans send transgender athlete ban to Kelly’s desk, setting up veto fight

For the third time in three years, Kansas lawmakers have sent a bill banning transgender athletes from girls and women’s sports to Democratic Gov. Laura Kelly’s desk.

Kelly has twice vetoed the policy, calling it divisive and unnecessary. While Republicans have never successfully overridden her veto it has remained a priority of leadership who, for the first time, appear to have gathered the support needed to thwart Kelly.

The Senate voted 28 to 11 to approve the bill. Sen. David Haley, a Kansas City Democrat, abstained from the vote. Sen. Brenda Dietrich, a moderate Republican from Topeka, was the only Republican to vote against the measure in the Senate.

Last month the Kansas House approved the bill 82-40, enough to override a veto if two Republicans that did not vote maintain their historical support of the policy. One Democrat voted yes alongside House Republicans, Wichita freshman Rep. Ford Carr.

Senate President Ty Masterson, an Andover Republican, said he was hopeful the House could maintain its veto-proof majority in an override fight even as one of the decisive votes came from a Democrat.

“I’m sure he’s getting a tremendous amount of pressure from his party, but he strikes me as a man of principle,” Masterson said.

Kelly’s spokeswoman said the governor would evaluate the bill when it reaches her desk. But Kelly’s previous statements and vetoes indicate she is all but certain to reject it.

“As always, she will want to avoid unnecessary divisiveness and do what’s best for students, families, and businesses here in Kansas,” Brianna Johnson, a spokeswoman for Kelly, said in a statement.

Brittany Jones, a lobbyist for Kansas Family Voice who has advocated for the policy the past three years, said the increased support the House was a direct result of the 2022 House elections.

“Many of those who had previously voted against fairness in women’s sports are no longer here because this is what Kansans want,” she said, using the name advocates gave the bill.

The bill is part of a broader push of bills by Kansas Republicans targeting the rights of transgender Kansans. Last month the Senate passed a bill banning trans women from female designated spaces and banning trans men from male designated spaces. A separate bill blocks doctors from providing gender affirming care to transgender youth.

The effort follows a national trend on the right that has resulted in 388 bills nationwide, according to a tracker from the American Civil Liberties Union.

Proponents of the sports bill argue it’s a necessary step to preserve fairness in sports for athletes who were assigned female at birth.

They contend that someone assigned male at birth is stronger and faster and that allowing a transgender woman to compete will rob other women of the opportunities guaranteed by Title IX. Riley Gaines, an NCAA swimmer who tied with a transgender opponent at the NCAA championships last year, visited Kansas several times to advocate for the policy.

“If we don’t pass this they have nowhere to play,” Sen. Renee Erickson, a Wichita Republican, said during debate on Wednesday. “A biological boy can play on the girls team or the boys team. Where does the biological girl go?”

According to the Kansas State High School Athletics and Activities Association, the bill will only affect three transgender students competing in girls sports. The association handles requests from transgender students on a case by case basis and requires schools to consider medical documentation, gender identity and motivation when reviewing a student’s request.

Opponents point to the relatively small number transgender athletes competing in the state, noting that the state’s athletic association is capable of managing the issue.

“It’s targeted bullying by adults onto a few kids,” said Iridescent Riffel, a graduate student at the University of Kansas who is transgender.

Riffel said she viewed the transgender legislation as a frightening and cruel attempt to erase transgender people.

“They want to signal to the trans community and to the LGBTQ community as a whole that Kansas is not safe for our communities or our identities,” she said.

Sen. Jeff Pittman, a Leavenworth Republican, said the repeated efforts to pass this bill showed the Legislature did not hold the same priorities as their constituents.

“We’re going to focus on this problem or this challenge of three individuals in our state that aren’t causing issues,” he said.

Erickson dismissed the criticism of the bill as a distraction.

“I’ve asked the opponents how many girls have to lose their opportunity, how many complaints have to be made before you would deem it a problem and support doing something about it,” Erickson said. “The truth is, they never answer.”