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| | legislature = ] | | legislature = ] | ||
| | image = Seal of Kansas.svg | | image = Seal of Kansas.svg | ||
| | citation = http://kslegislature.org/li/b2023_24/measures/sb180/ | |||
| | enacted_by = ] | | enacted_by = ] | ||
| | enacted_by2 = ] | | enacted_by2 = ] | ||
| | vetoed_by = ] | | vetoed_by = ] ] | ||
| | date_vetoed = 20 April 2023 | |||
| | veto_overridden = 27 April 2023 | |||
| | date_commenced = | | date_commenced = | ||
| | passed = February |
| passed = February 9, 2023 | ||
| | passed_for = |
| passed_for = 28 | ||
| | passed_against = |
| passed_against = 12 | ||
| | passed2 = |
| passed2 = February 23, 2023 | ||
| | passed2_for = 83 | | passed2_for = 83 | ||
| | passed2_against = 41 | | passed2_against = 41 | ||
| | date_reconsidered = April 26, 2023 | |||
| ⚫ | | status = |
||
| | veto_override_for = 28 | |||
| | veto_override_against = 12 | |||
| | date_reconsidered2 = April 27, 2023 | |||
| | veto_override2_for = 84 | |||
| | veto_override2_against = 40 | |||
| | veto_override2_absent = 1 | |||
| ⚫ | | status = current | ||
| }} | }} | ||
| '''Kansas SB 180'''<ref name=bill>{{Cite web|url=http://kslegislature.org/li/b2023_24/measures/sb180/|title=SB 180 | Bills and Resolutions |website=Kansas State Legislature |access-date=April 23, 2023 }}</ref> or the '''Kansas Women's Bill of Rights''' is a bill that bans any identification of a gender other than the ] in the US state of ].<ref name="auto">{{Cite web|url=https://www.congress.gov/bill/117th-congress/house-resolution/1209/text|title=Text - H.Res.1209 - 117th Congress (2021-2022): Recognizing that it is the duty of the Federal Government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security| publisher=U. S. Congress}}</ref>{{Secondary source needed|date=November 2023}} Kansas governor ] ]ed the bill in April 2023.<ref name=veto>{{Cite web|url=https://news.yahoo.com/kansas-gov-laura-kelly-rejects-214555526.html|title=Kansas Gov. Laura Kelly rejects transgender bathroom bill, gender-affirming care ban|via=Yahoo News |author=Andrew Bahl |newspaper=Topeka Capital-Journal |date=April 20, 2023}}</ref> On April 26th and 27th, the Kansas Senate and House of Representatives voted to override the veto, making the bill law. | |||
| '''Kansas SB 180''' or the '''Kansas Women's Bill of Rights''' was a bill introduced to the Kansas State Legislature<ref name=":0">{{Cite web|url=http://kslegislature.org/li/b2023_24/measures/sb180/|title=SB 180 | Bills and Resolutions | Kansas State Legislature|website=kslegislature.org}}</ref> by the Kansas Senate Committee on Public Health and Welfare during the Session of 2023. The bill had three aims, as described in the Committee's Supplemental Note<ref>{{Cite web |title=Supplemental Note on Senate Bill No. 180 |url=http://kslegislature.org/li/b2023_24/measures/documents/supp_note_sb180_00_0000.pdf |url-status=live}}</ref>: | |||
| ==Bill== | |||
| # define ] for the purpose of creating and applying ] | |||
| The bill was originally introduced in the ] by ] ] in February 2023, and is sponsored by the Committee on Public Health and Welfare. It received final passage with amendments on April 4, 2023. It defines a "female" as a person "whose biological reproductive system is developed to produce ]", and a "male" as a person "whose biological reproductive system is developed to fertilize the ova of a female".<ref name=bill/> Its proponents state that ] and ] should be defined in law, with the need for ] excluding trans people.<ref name="auto1"/> The bill is controversial for excluding ] people, such as those with ambiguous genitalia, with both male or female reproductive organs, or ].<ref name="auto1">{{Cite news|author1=Rachel Mipro |author2=Sherman Smith |url=https://kansasreflector.com/2023/02/15/critics-call-proposed-kansas-womens-bill-of-rights-sexist-transphobic/|title=Critics call proposed Kansas 'women's bill of rights' sexist, transphobic |work=Kansas Reflector |date=February 15, 2023}}</ref> | |||
| # set ] as the standard of ] when examining laws distinguishing between the ], and identify areas where ] is important to governmental objectives of protecting the health, safety, and privacy of individuals | |||
| # require certain entities that collect ] to identify each individual who is part of the collected data set as either male or female at birth | |||
| The bill originally passed the Kansas Senate on February 23, 2023. It was amended and passed by the Kansas House of Representatives on March 29, 2023. The amendments were concurred with by the Senate on April 4, 2023. The bill was ] by ] and returned to the Senate on April 20, 2023.<ref name=":0" /> | |||
| Despite the fact that the ] recognizes ] on documents including passports and birth certificates<ref name="auto"/> and in housing, the bill restricts agencies in Kansas, both public and private, from assigning any gender other than that assigned at birth.<ref>{{Cite news |author1=Jason Tidd |author2=Andrew Bahl |url=https://www.cjonline.com/story/news/state/2023/02/27/kansas-lawmakers-kick-into-gear-on-transgender-rights-abortion-bills/69941179007/|title=Here's where four major issues stand after Kansas Legislature's busiest day of the session|website=Topeka Capital-Journal |date=February 27, 2023 }}</ref> It has been criticized as removing human rights and legal rights from trans people in the state.<ref name="auto1"/><ref>{{Cite web|url=https://www.kansascity.com/news/politics-government/article272395443.html|title=KS bills ban gender-affirming care and bar trans women from female designated spaces|author1=Katie Bernard |author2=Jenna Barackman |work=Kansas City Star |date=February 13, 2023 }}</ref> | |||
| == Proponents == | |||
| Proponent testimony was provided by Independent Women’s Law Center, Independent Women’s Voice, and Women’s Liberation Front. Written-only testimony was provided by Kansas Catholic Conference and Kansas Family Choice.<ref name=":1">{{Cite web |title=SB 180 Testimony |url=http://kslegislature.org/li/b2023_24/measures/SB180/testimony |access-date=2023-04-21 |website=kslegislature.org}}</ref> | |||
| ==Testimony== | |||
| Proponent's testimony in favor of the bill includes, but is not limited to: | |||
| During the hearing of Kansas SB 180, proponents' testimony stated a need to legally define ] specifically for purposes of ], and also stated that the bill is consistent with federal protections for transgender people.<ref name=":2">{{Cite web |author=Jennifer Braceras |date=February 15, 2023 |title=IWLC Supports Kansas Senate Bill 180 |url=http://kslegislature.org/li/b2023_24/committees/ctte_s_phw_1/documents/testimony/20230215_01.pdf |publisher=Kansas State Legislature }}</ref> Opposition testimony stated that the bill employs outdated, inaccurate, and underinclusive definitions of sex and families, as well as excluding ] people.<ref>{{Cite web |author=Tammy Quayle|date=February 15, 2023 |title=Oral and Written Opposition Testimony regarding SB 180 |url=http://kslegislature.org/li/b2023_24/committees/ctte_s_phw_1/documents/testimony/20230215_39.pdf |publisher=Kansas State Legislature }}</ref> | |||
| ==Veto== | |||
| * The bill reaffirms the intent and application of ]<ref>{{Cite web |last=Jones |first=Brittany |date=February 15, 2023 |title=Written Testimony in Support of S.B. 180 |url=http://kslegislature.org/li/b2023_24/committees/ctte_s_phw_1/documents/testimony/20230215_09.pdf |url-status=live}}</ref> | |||
| * Maintaining ] facilities is not inherently unequal<ref name=":2">{{Cite web |last=Braceras |first=Jennifer |date=February 15, 2023 |title=IWLC Supports Kansas Senate Bill 180 |url=http://kslegislature.org/li/b2023_24/committees/ctte_s_phw_1/documents/testimony/20230215_01.pdf |url-status=live}}</ref> | |||
| * Redefining common ]-based words (woman, man, girl, boy, etc.) in a manner that separates sex from ] allows for the subversion of otherwise ]<ref>{{Cite web |last=Bone |first=Lauren |date=February 15, 2023 |title=Testimony in Favor of Senate Bill 180 (Women’s Bill of Rights) |url=http://kslegislature.org/li/b2023_24/committees/ctte_s_phw_1/documents/testimony/20230215_02.pdf |url-status=live}}</ref> | |||
| *The bill does not prevent new laws being enacted which accommodate trans-identified people<ref name=":2" /> | |||
| On April 20, 2023, Governor Kelly vetoed the bill, stating that it threatens ] in Kansas and would leave the state open to lawsuits alleging discrimination. The Speaker of the ], ], criticized the governor's veto as taking the side of "left-wing activists".<ref name=veto/> According to the Kansas Coalition Against Sexual and Domestic Violence, if it became law and was inconsistent with federal law, the bill could endanger over $17 million in federal funding to the state.<ref>{{Cite web|url=https://www.cjonline.com/story/news/politics/government/2023/04/20/gov-laura-kelly-vetoes-trans-bathroom-bill-gender-affirming-care-ban/70125967007/|title=Kansas Gov. Laura Kelly rejects transgender bathroom bill, gender-affirming care ban|website=The Topeka Capital-Journal}}</ref> | |||
| == Opposition == | |||
| Opponent testimony was provided by a human services professional, a private citizen, and representatives of the American Civil Liberties Union, Equality Kansas, and Kansas Interfaith Action. Written-only testimony was provided by a former Kansas state representative, a social worker, four members of the clergy, an advanced practice registered nurse, a traveling nurse, a retired educator, four private citizens, and representatives of the Center of Daring and Kansas Legal Services.<ref name=":1" /> | |||
| === Veto overridden === | |||
| Opponent's testimony against the bill includes, but is not limited to: | |||
| On April 26, 2023, the ] voted to override the veto, with the Kansas House of Representatives also voting to override the veto on April 27, 2023. This actions made the bill a law.<ref>{{Cite web |last=Mipro |first=Rachel |date=2023-04-27 |title=Trans Kansas women barred from women's bathrooms, female-only spaces under new law |url=https://kansasreflector.com/2023/04/27/trans-kansas-women-barred-from-womens-bathrooms-female-only-spaces-under-new-law/ |access-date=2023-04-28 |website=Kansas Reflector |language=en-US}}</ref> | |||
| * SB 180 does not protect women’s rights, but attempts to codify into law outdated, inaccurate, and underinclusive definitions of sex and families<ref name=":3">{{Cite web |last=Hiegert |first=D.C. |date=February 15, 2023 |title=Opponent Testimony for SB180 |url=http://kslegislature.org/li/b2023_24/committees/ctte_s_phw_1/documents/testimony/20230215_04.pdf |url-status=live}}</ref> | |||
| * SB 180 tries to absolve the state of its responsibility to not discriminate against transgender people<ref name=":3" /> | |||
| * SB 180 will exclude transgender persons from certain spaces and erase persons who are nonbinary<ref>{{Cite web |last=Quayle |first=Tammy |date=February 15, 2023 |title=Oral and Written Opposition Testimony regarding SB 180 |url=http://kslegislature.org/li/b2023_24/committees/ctte_s_phw_1/documents/testimony/20230215_39.pdf |url-status=live}}</ref> | |||
| == Controversy == | |||
| Critics of the bill claim it is ]<ref name="auto1">{{Cite web|url=https://kansasreflector.com/2023/02/15/critics-call-proposed-kansas-womens-bill-of-rights-sexist-transphobic/|title=Critics call proposed Kansas 'women's bill of rights' sexist, transphobic|date=February 15, 2023}}</ref>. | |||
| ==See also== | ==See also== | ||
| ⚫ | * ] | ||
| * ] | * ] | ||
| ⚫ | * ] | ||
| * ] | * ] | ||
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| {{Reflist}} | {{Reflist}} | ||
| == External links == | |||
| ⚫ | ] | ||
| ⚫ | ] | ||
| * at ] | |||
| ⚫ | ] | ||
| ⚫ | ] | ||
| ] | |||
| ⚫ | ] | ||
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Latest revision as of 16:26, 24 September 2024
| Kansas Senate Bill 180 | |
|---|---|
 | |
| Kansas Legislature | |
| Enacted by | Kansas Senate |
| Enacted by | Kansas House of Representatives |
| Vetoed by | Governor Laura Kelly |
| Vetoed | 20 April 2023 |
| Veto overridden | 27 April 2023 |
| Legislative history | |
| First chamber: Kansas Senate | |
| Passed | February 9, 2023 |
| Voting summary |
|
| Second chamber: Kansas House of Representatives | |
| Passed | February 23, 2023 |
| Voting summary |
|
| Final stages | |
| Reconsidered by the Kansas Senate after veto | April 26, 2023 |
| Voting summary |
|
| Reconsidered by the Kansas House of Representatives after veto | April 27, 2023 |
| Voting summary |
|
| Status: Current legislation | |
Kansas SB 180 or the Kansas Women's Bill of Rights is a bill that bans any identification of a gender other than the gender recognized at birth in the US state of Kansas. Kansas governor Laura Kelly vetoed the bill in April 2023. On April 26th and 27th, the Kansas Senate and House of Representatives voted to override the veto, making the bill law.
Bill
The bill was originally introduced in the Kansas Senate by Republican Renee Erickson in February 2023, and is sponsored by the Committee on Public Health and Welfare. It received final passage with amendments on April 4, 2023. It defines a "female" as a person "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". Its proponents state that gender identity and biological sex should be defined in law, with the need for specific sex spaces excluding trans people. The bill is controversial for excluding intersex people, such as those with ambiguous genitalia, with both male or female reproductive organs, or women born without ovaries.
Despite the fact that the federal government recognizes gender transition on documents including passports and birth certificates and in housing, the bill restricts agencies in Kansas, both public and private, from assigning any gender other than that assigned at birth. It has been criticized as removing human rights and legal rights from trans people in the state.
Testimony
During the hearing of Kansas SB 180, proponents' testimony stated a need to legally define biological sex specifically for purposes of sex segregation, and also stated that the bill is consistent with federal protections for transgender people. Opposition testimony stated that the bill employs outdated, inaccurate, and underinclusive definitions of sex and families, as well as excluding intersex people.
Veto
On April 20, 2023, Governor Kelly vetoed the bill, stating that it threatens economic development in Kansas and would leave the state open to lawsuits alleging discrimination. The Speaker of the Kansas House of Representatives, Dan Hawkins, criticized the governor's veto as taking the side of "left-wing activists". According to the Kansas Coalition Against Sexual and Domestic Violence, if it became law and was inconsistent with federal law, the bill could endanger over $17 million in federal funding to the state.
Veto overridden
On April 26, 2023, the Kansas Senate voted to override the veto, with the Kansas House of Representatives also voting to override the veto on April 27, 2023. This actions made the bill a law.
See also
References
- ^ "SB 180 | Bills and Resolutions". Kansas State Legislature. Retrieved April 23, 2023.
- ^ "Text - H.Res.1209 - 117th Congress (2021-2022): Recognizing that it is the duty of the Federal Government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security". U. S. Congress.
- ^ Andrew Bahl (April 20, 2023). "Kansas Gov. Laura Kelly rejects transgender bathroom bill, gender-affirming care ban". Topeka Capital-Journal – via Yahoo News.
- ^ Rachel Mipro; Sherman Smith (February 15, 2023). "Critics call proposed Kansas 'women's bill of rights' sexist, transphobic". Kansas Reflector.
- Jason Tidd; Andrew Bahl (February 27, 2023). "Here's where four major issues stand after Kansas Legislature's busiest day of the session". Topeka Capital-Journal.
- Katie Bernard; Jenna Barackman (February 13, 2023). "KS bills ban gender-affirming care and bar trans women from female designated spaces". Kansas City Star.
- Jennifer Braceras (February 15, 2023). "IWLC Supports Kansas Senate Bill 180" (PDF). Kansas State Legislature.
- Tammy Quayle (February 15, 2023). "Oral and Written Opposition Testimony regarding SB 180" (PDF). Kansas State Legislature.
- "Kansas Gov. Laura Kelly rejects transgender bathroom bill, gender-affirming care ban". The Topeka Capital-Journal.
- Mipro, Rachel (2023-04-27). "Trans Kansas women barred from women's bathrooms, female-only spaces under new law". Kansas Reflector. Retrieved 2023-04-28.