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Kansas library gets new lease by removing LGBTQ books for kids

‘I’m not real proud’: Advisory committee searched for LGBTQ words to identify and force removal of a dozen books

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Judith Cremer, director of the St. Marys public library, says she has worked with commissioners to keep the library's lease because the city's residents need access to the library. (Rachel Mipro/Kansas Reflector)

By Rachel Mipro | ST. MARYS, Ks. — The public library in St. Marys has managed to hang onto its lease for one more year by removing all of the youth-oriented LGBTQ books from library shelves.

Library director Judith Cremer said the decision was the result of her efforts to work with the city commission, which has been threatening the library’s lease for more than a year. 

Cremer said the adult section of the St. Marys location still contains some LGBTQ books, but in the junior collection, there are “probably not” any books left that contain LGBTQ content.

“I’m not real proud of that. … I feel bad because I think that there should be a variety of things for everybody, but like I say, we do have eight locations and I can get anything for anybody within about a day,” Cremer said. “So that’s a compromise I have to make.”

“I’m just trying to be realistic in the fact that we do have a precarious position here,” she added.

The St. Marys library is the headquarters for branches in more rural communities within Pottawatomie and Wabaunsee counties.

Cremer described the titles that were removed as “pretty mild” and “nothing that isn’t normal in mainstream society.”

A six-person library advisory committee is in charge of evaluating books. One of the committee members searched “gay,” “transgender,” “lesbian,” “bisexual” and “queer” in the library’s catalog to find books the committee wanted to review. They then read the books before determining which ones needed to be physically removed from the library premises.

They removed about a dozen books, including “Squad,” “Blood Countess,” “The Great American Whatever,” “Beyond Clueless,” “Red Rolls of Magic,” “Infinity Son” and “Icebreaker.”

“Most of these titles, the topic really isn’t LGBTQ or anything like that,” Cremer said. “It’s just describing a reality that is normal now for most people.”

Cremer has been working with the library advisory committee over the past few months in an attempt to appease city commissioners who threatened to pull the library’s lease because of religious-based objections to LGBTQ books. While the commissioners have no governing influence over the library, the Pottawatomie Wabaunsee Regional Library would be forced to find a new location if the lease weren’t renewed, giving up a community spot it has held for decades and depriving St. Marys residents of easily accessible library material.

The regional library has locations in Alma, Alta Vista, Eskridge, Harveyville, Olsburg, Onaga, St. Marys and Westmoreland, with county residents funding the library through taxes. Books removed from St. Marys were sent to these other locations.

The St. Marys location has struggled to work with members of the Society of St. Pius X, an extreme religious sect that has become a major influence in the small city of St. Marys. An estimated half of the library committee members have ties to SSPX.

All five of St. Marys’ city commissioners are tied to SSPX and have said their religion shapes their views, which includes an ongoing campaign against LGBTQ content. Some have characterized the library campaign as an SSPX attempt to dominate the last public space in St. Marys not already under its control.

A view of books inside the Pottawatomie Wabaunsee Regional Library in St. Marys
 St. Marys city commissioners have said they want LGBTQ “garbage” removed from the Pottawatomie Wabaunsee Regional Library. (Rachel Mipro/Kansas Reflector)

Commission member Matthew Childs, who currently serves as the mayor, authored a lease renewal clause last year that demanded the library remove all LGBTQ and socially divisive books from the shelves. Facing intense public pressure, the commission in December dropped the clause and renewed the lease for one year.

But as public pressure faded, the commissioners renewed their fight against the library in the spring, arguing that LGBTQ content, such as transgender “garbage,” needed to go.

“My goal is to terminate the lease with the library,” Commissioner Gerard Kleinsmith said during an April commission meeting. “If they want to have their library, so be it. Go do it. Find another building to do it in. … I will not ever vote for any taxpayer money, facilities, anything to be used anywhere that houses this kind of garbage.”

 Kleinsmith is meant to serve as the liaison between the city commission and library advisory committee.

During a Nov. 7 meeting, commissioners agreed to renew the library’s lease for another year.

Matthew Childs, new mayor of St. Marys, said some limits should be set on city debates. (Rachel Mipro/Kansas Reflector)
Matthew Childs,  mayor of St. Marys, says the library has shown its ability to work with the community. (Rachel Mipro/Kansas Reflector)

“They’ve been doing some good work,” Kleinsmith said. “They’ve gotten 12 books that have been removed from the St. Marys library. … They’re going in the right direction.”

Childs said the library’s actions showed they were able to work as a community.

“That was the question in the first place really, ‘Why don’t we work as a community?’ And it looks like we’re doing that. So that’s a win,” Childs said. 

It’s uncertain how many more books could be removed from the library in the future. When asked if there was a line she would hold if the committee continues to ask for more removals, Cremer said it would depend on the decision-making process.

Her priority is hanging onto the St. Marys location, she said, because she feels city residents need the library.

“We need to protect all of our areas of information, so that when people need that information to make decisions about their life, we have that information available,” Cremer said. “I know that and that’s what I’m striving for. But I do have to compromise to keep the doors open.”

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Rachel Mipro

A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

The preceding article was previously published by the Kansas Reflector and is republished with permission.

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Trans kids treatment again up for discussion at Kansas Statehouse

Gender-affirming care for youths is supported by health care organizations including American Medical Association

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Kansas lawmakers have introduced several bills restricting gender-affirming care for Kansas minors. (Sherman Smith/Kansas Reflector)

By Rachel Mipro | TOPEKA, Kan. – The state’s LGBTQ+ community was rocked in 2023 when lawmakers pushed through a wide-ranging anti-trans law that has led to a ban on gender marker changes on drivers’ licenses. Now Republican lawmakers and the state’s top law enforcement officer are reviving their campaign against transgender youth.

Kansas made news last year when it became the 20th state to pass a transgender student athlete ban into law in April, after lawmakers overrode Gov. Laura Kelly’s veto. The GOP-dominated Legislature also adopted Senate Bill 180 last year through veto override.

That legislation, which continues to be the subject of litigation, has led to a temporary restraining order blocking Kelly’s administration from making gender marker changes on identity cards and driver’s licenses.
Lawmakers are now returning to legislation that failed last session, such as gender-affirming care restrictions.

Rep. Ron Bryce, a Coffeyville Republican, requested the introduction of House Bill 2791, which would ban any organization that receives state funds from recommending gender-affirming care for transgender Kansans under the age of 18. The state’s medical assistance program would be blocked from providing coverage for gender-affirming care for these minors, among other provisions.

Gender-affirming care for youths is supported by health care organizations including American Medical Association and the American Academy of Child and Adolescent Psychiatry, which say banning gender-affirming care for transgender minors is damaging and not rooted in science.

Rep. Brenda Landwehr, R-Wichita, requested the introduction of House Bill 2792, which would ban gender reassignment for those under the age of 18. The bill does not have a scheduled hearing yet.

Bryce also introduced House Bill 2793, which was heard Thursday in a House health committee. The bill prohibits health care services for minors without parental consent. In Kansas, parental consent requirements already exist for medical and behavioral health care, but there are exceptions for emergency or crisis situations, such as physical abuse, emergency mental health crises or sexual abuse.

“I feel it’s important for us to make sure that we don’t go down the path of debasing parental rights when it comes to directing the care of our children,” Bryce said. “This bill provides assurance that consent of a parent or guardian is required for treatment of children in the vast majority of situations.”

Several medical health professionals spoke against the bill, calling it overbroad. Some said the bill could block anything from helping stop a child’s nosebleed to preventing teens struggling with drug addiction or coping with pregnancy from seeking care.

“Adolescents facing sensitive issues like substance use, sexually transmitted disease, or reproductive health may avoid seeking care if parental consent is required,” said Dena Hubbard, on behalf of the Kansas Chapter of the American Academy of Pediatrics. “Fear of judgment or repercussions may act as formidable barriers, resulting in avoidance or delay in seeking necessary medical attention.”

Kansas Attorney General Kris Kobach has also promoted this take on parental rights, telling public school districts that they have to out transgender students to their parents despite no legal obligation to do so.

Kobach sent letters to six Kansas school districts in December, telling them not to “socially transition” students without parents’ knowledge. He issued a public statement on the matter in early February, after four districts refused to rewrite policies on the matter.

“A child changing his or her gender identity has major long-term medical and psychological ramifications,” Kobach said. “Parents should know, and have an opportunity to be involved in, such an important aspect of their well-being.”

Micah Kubic, executive director of the American Civil Liberties Union of Kansas, condemned the move as unlawful and cruel.

“Quite aside from its brazen disregard for the law or the Constitution, the type of forced outing Attorney General Kobach seeks to impose on school districts and students is cruel, dangerous, and a repudiation of our shared values,” Kubic said. “Kansas students should all be able to live freely and in peace as their authentic selves without the intrusion of a state Attorney General inventing reasons to refashion the law into an instrument of his own extremist views.”

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A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

The preceding story was previously published by the Kansas Reflector and is republished with permission.

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The Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets. We are part of States Newsroom: the nation’s largest state-focused nonprofit news organization, with reporting from every capital.

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Kansas’ attorney general instructs schools to out trans students

The AG sent letters warning schools allowing students to socially transition or identifying as non-binary at school violated parent’s rights

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Kansas Attorney General Republican Kris Kobach (Photo Credit: Office of the Attorney General)

TOPEKA, Kan. – Kansas Republican Attorney General Kris Kobach announced Thursday that his office is challenging several Kansas school districts whose policies allow school district faculty and staff to conceal from parents a student’s “transgender” or “gender non-conforming” status.

On December 7, 2023, the attorney general sent letters warning schools allowing students to socially transition or identifying as non-binary at school violated parent’s rights.  “A child changing his or her gender identity has major long-term medical and psychological ramifications,” Kobach said. “Parents should know, and have an opportunity to be involved in, such an important aspect of their well-being.”

“A lot of times these policies are pushed by outside activist organizations and adopted by school boards without being fully informed about what the policy would actually do,” said Deputy Attorney General Abhishek Kambli.

Because Kansas does not have specific statues or regulations governing policies regarding transgender students, some legal experts maintain that there’s no direct action Kobach could take and noted that even in his letter to the schools targeted, he doesn’t mention what actions he would take if those districts didn’t change their policies and specifically require teachers and administrators to out transgender and non-binary students.

Jordan Smith, who is a non-binary activist in the metropolitan Kansas City region, and also the Kansas chapter president of the Boulder, Colorado-based Parasol Patrol, an LGBTQ+ group that uses colorful umbrellas to shield children and young people from anti-LGBTQ+ protesters at events, spoke with the Blade on Friday. In an emailed statement, Smith said:

“As the Kansas Chapter Coordinator for Parasol Patrol, I feel strongly against the actions that Attorney General Kobach has taken to come after our school districts in Kansas that already have policies in place that are protective of our most vulnerable demographic, the Transgender and Non-binary youth.

These schools recognize that not all students have a safe space at home to be their “true, authentic selves.” The actions that Kobach is pressing onto schools will have a catastrophic impact on those students if they are forced to comply.

These students already have a statistically higher rate of anxiety, depression, and other mental health challenges, and this will only serve to make these issues worse for those students. According to the Trevor Project, LGBTQ youth are 4 times more likely to attempt suicide. More than half of them are Transgender or gender non-conforming. There is no “might” be an issue, it “will” be an issue for those students. 

It’s mind numbing that we have these adults forcing their views in the name of “parents rights” and “protecting the children” when all it does is hurt the children that are impacted. 

It is time for the people of Kansas to tell Mr Kobach to leave the kids alone.” 

Kansas City NBC News affiliate KSHB reported that one of the school districts that received the attorney general’s letter and then his Thursday announcement, the Olathe School District, pushed back telling KSHB in an emailed statement the district developed “internal administrative guidelines” for staff and administrators to use on a case-by-case basis, but no formal policy has ever existed or been approved by the Board of Education.

“As a district, it is always our intent and practice to work directly and partner with individual families and students as situations arise to ensure we are providing the appropriate and necessary support,” the district’s statement reads. “We trust our staff to put the best interests of families and students at the heart of every decision.”

Smith agreed and pointed out: “Let the educators decide policies for the students in their own way because they know these kids and are better able to establish their individual needs. As opposed to a politician pushing their own self aggrandizing agenda and does not have students’ best needs at heart.”

Kobach also sent a letter to the Kansas Association of School Boards (KASB) alleging that “based on evidence” that KASB may have been involved in promoting policies that push parents out of the way on this issue.

KASB has declined to either confirm or deny that it had been involved in drafting such policies.

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Mayor tried to ban LGBTQ+ books, loses school board race

“We don’t want transgender books in the library. […] We don’t want the library to be promoting certain types of material”

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Matthew Childs, who campaigned on a conservative stance, lost his bid for a school board seat. (Photo Credit: Rachel Mipro/Kansas Reflector)

By Rachel Mipro | TOPEKA  — St. Marys Mayor Matthew Childs, who previously attempted to ban LGBTQ books from the city’s public library, lost on his school board bid. 

Tuesday’s election saw several candidates from the religion-dominated area attempt to win school board seats on the USD 321 Kaw Valley School Board. 

The district, which oversees Rossville and St. Marys public schools, spreads across several counties. Election officials in Shawnee, Pottawatomie and Jackson counties worked together to calculate the final results for the board’s open seats, leading to some initial confusion over the final results. 

Elias Espinoza and Jodi Porter were elected to the board. Porter, up against Childs, won the position with 53% of the vote to Childs’ 47%, garnering 1,425 votes to Childs’ 1,281 votes. Childs did not immediately respond to Reflector inquiries.

All of the November election results are unofficial until a final canvass on Nov. 14.

“We are in a culture war which is increasingly threatening the welfare of children especially,” Childs said in a September candidate profile by the Times of Pottawatomie County. “I am unapologetically on the ‘conservative’ or traditional side of this war. Along with many like-minded parents, I am morally obligated to defend our children from physical and moral harm insofar as I can.”

Childs is part of the St. Marys’ governing body, a five-person city commission, and a heavily religious group that attends the Society of St. Pius X, or SSPX. SSPX is a strict religious sect that broke away from the Catholic church. Commissioners have previously said their views  and governing decisions are influenced by their religious affiliation.

Childs is perhaps best known for formulating a “morals clause” for the city’s public library lease. The clause asked that the library not carry, encourage or accept any sexual, racial or “socially divisive” material that supported critical race theory or LGBTQ people. 

Though the library was allowed to continue operating in their location following massive public outcry, Childs has continued to speak against LGBTQ material in the library.  

“We don’t want transgender books in the library. … The elephant in the room is that we don’t want the library to be promoting certain types of material,” Childs said in a July commission meeting

Porter campaigned on teacher recruitment and keeping cell phones out of the classroom setting. 

“I want all those looking for teaching positions to have a desire to come here,” Porter said in her candidate profile. 

Preliminary results show Espinoza won against his opponent school board member Adrienne Olejnik, with 1,258 to 1,153 votes respectively. Reflector attempts to contact Espinoza were unsuccessful, but Espinoza is thought to have SSPX connections. A flyer for the St. Marys Academy and College lists him as a point of contact. Olejnik declined to comment publicly on the race. 

Espinoza and Childs were endorsed by the Kansans for Life PAC, which sent out mailers in favor of the two ahead of the election. The mailers alleged Olejnik had donated to “leftist causes” and that Olejnik would not “take a stand against drag queen story hours.” 

Incumbent candidates Michelle Martin and Kimberly Gillum returned to their board seats unopposed.  

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A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

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The preceding article was previously published by the Kansas Reflector and is republished with permission.

Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets.

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Kansas town’s officials threaten library over LGBTQ+ books again

City council says they don’t want ‘garbage’ on the public library’s shelves- the library should reflect the community’s Christian majority

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St. Marys city commissioners have taken offense with a transgender book in the Pottawatomie Wabaunsee Regional Library. (Rachel Mipro/Kansas Reflector)

By Rachel Mipro | ST. MARYS, KS. — Gerard Kleinsmith says he hates the idea of censorship.

He just wants to pull the lease for the city’s public library because he doesn’t like books about transgender people.

As a city commissioner, he feels it is his duty to remove transgender content — “garbage,” as he refers to it. Kleinsmith said during a city commission meeting that removing the library was part of his job as a city official, emphasizing “God doesn’t make mistakes,” and his belief that people can’t change genders.

“My goal is to terminate the lease with the library,” Kleinsmith said. “If they want to have their library, so be it. Go do it. Find another building to do it in, I can’t stop that. My intention is not to stop that, but I will not ever vote for any taxpayer money, facilities, anything to be used anywhere that houses this kind of garbage.”

He is supported in this stance by the other members of St. Marys’ five-person city commission, a heavily religious group that attends the Society of St. Pius X, or SSPX, an extreme religious sect that broke away from the Catholic church. The commissioners have said at previous meetings that their views are influenced by their religious affiliation.

“Some things are wrong,” said commissioner Richard Binsfeld, during a city commission discussion about  transgender books and the transgender community at large. “If you live up to your morals, if you stand by your morals at all, you’d look at it and say, ‘Why do we have it?’”

The public library has been under scrutiny from local officials for months, narrowly surviving an attempt to pull the lease at the end of last year. Library director Judith Cremer said she and her staff were trying to work with the commissioners while remaining in accordance with legal guidelines for public libraries.

She’s still not sure why the commissioners have taken issue with the library in recent months when it had operated in its St. Marys location for decades without problems. Cremer has held her position since 2003, and until last year, this was a position without controversy.

“We’re not part of the city structure and the lease agreement is the only leverage that they have seemed to be able to find,” Cremer said. “They seem to be continuing down that road, which I’m disappointed with because we have still been here doing our job, trying to help people, trying to do summer reading, and I feel like it’s a misunderstanding of who we are. We are trying to do our job and we have followed the rules.”

While commissioners have no governing influence over the library, the Pottawatomie Wabaunsee Regional Library would be forced to shift locations if the lease isn’t renewed, giving up a community spot it has held for decades and depriving St. Marys residents of easily accessible library material.

The library has been housed in St. Marys since the 1980s, operating on an annual lease with the city. The library acts as the headquarters for eight locations, including Alma, Alta Vista, Eskridge, Harveyville, Olsburg, Onaga, St. Marys and Westmoreland, with county residents funding the library through taxes.

An eight-member board of trustees provides oversight of the library’s operations, with Pottawatomie and Wabaunsee County commissioners appointing members to the board to serve four-year terms. The commission doesn’t have influence over board decisions.

The library formed an advisory group in an attempt to address community concerns with library materials, but efforts toward reconciliation have been unsuccessful.

The library’s lease renewal came up for debate last year because the library refused to accept a renewal clause asking for the removal of all LGBTQ and socially divisive books from the shelves. Facing intense public pressure, the commission in December renewed the lease for one year.

Now, city commissioners have renewed their campaign against LGBTQ books, despite federal legal protections for public libraries.

St. Marys City Commissioner Richard Binsfeld says the library’s LGBTQ books conflict with his sense of morals. (Rachel Mipro/Kansas Reflector)

During the April city commission meeting, Kleinsmith raged against the book “Rethinking Normal: A Memoir in Transition,” a coming of age story about a transgender teenager.

“This author is absolutely wrong. God does not make mistakes,” Kleinsmith said. “God cannot make a mistake. We can make mistakes. Mankind can make a mistake. God cannot make a mistake. … I will do everything I can to fight this kind of garbage.”

“If God makes you as a male, you are a male,” he added. “If God makes you a female, you are a female, no matter what.”

St. Marys Mayor Matthew Childs, who formulated the anti-LGBTQ renewal clause last year, said during the April meeting that the library’s contents would once again influence the commission’s decision to renew the lease.

“We don’t want transgender books in the library. … The elephant in the room is that we don’t want the library to be promoting certain types of material,” Childs said. “If the library is, we come back to the question, do we want to renew it at all?”

Sharon Brett, legal director for the American Civil Liberties Union of Kansas, which warned commissioners to drop their censorship attempts during the first lease renewal discussion, said city officials need to remember constitutional protections.

“Each member of the commission should remember that their own discomfort with a certain book does not justify restricting its availability to everyone else in the community,” Brett said. “Not only is this potential censorship authoritarian, it has implications under even a basic reading of our First Amendment. We urge the commission to remember their obligations under the Constitution.”

Cremer said she and the library board had been trying to cooperate with the commission and concerned residents as much as possible.

“We’re providing services to the community,” Cremer said. “We’re taking care of the same people. I don’t see why there should be a problem.”

Following the April commission meeting, she sent a letter to the commissioners asking them to directly address their concerns with library staff, as they had a process in place to review book complaints.

Library staff are also participating in the advisory committee. Cremer said the library was sending regular updates about the library and the advisory committee’s work to the city commission.

But she is still fielding criticism from religious members of the community, including during a contentious June 28 library board meeting attended by Binsfeld and other St. Marys residents. 

“As we move forward, we would like to see that all LGBTQ+ media — whether audio files, movies, books, activities, etc. — be removed from this branch altogether and from any access, including online ordering and inter-library loans, to any minor through this branch,” resident Stephen Murtha wrote in a letter to library board members.

The library should reflect the community’s Christian majority, Murtha wrote.

Cremer said for the most part, these complaints were from a small segment of the population and that she hasn’t had problems or complaints from a majority of library customers.

But she is concerned about the future of the library.

“We have continued, even though that stress and controversy has been significant,” Cremer said. “My staff and I have continued forward just as we always have to provide those services, because it’s not the people that we’re serving, it’s not their fault, but they’re the ones that are going to be losing.”

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Rachel Mipro

A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

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The preceding article was previously published by the Kansas Reflector and is republished with permission.

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ACLU of Kansas files to intervene over gender marker ban

“The so-called ‘Women’s Bill of Rights’ is a blatant effort to control and stigmatize transgender residents of the state”

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Former Vice President Mike Pence with Kansas Attorney General Kris Kobach. (Photo Credit: Office of AG Kris Kobach/Facebook)

TOPEKA, KS. – The ACLU of Kansas, the ACLU, and Stinson LLP today filed a motion to intervene in a lawsuit between Attorney General Kris Kobach and the Kansas Department of Revenue, on behalf of five transgender Kansans who would be irreparably harmed by an unconstitutional effort by Kobach to ban and reverse changes to the gender markers on their driver’s licenses.

Citing a new law passed by the Kansas state legislature over a veto by Governor Laura Kelly attempting to limit the rights of transgender people, Attorney General Kobach filed a lawsuit in state court on July 7 against the government agency that issues driver’s licenses, asking the court to prohibit transgender people from changing their gender markers on their driver’s licenses. Judge Teresa Watson granted a temporary restraining order early Monday morning before the state could respond, which has blocked the Kelly administration from allowing gender marking changes while the case goes forward.

The motion to intervene will be formally docketed tomorrow, July 12.

“Mr. Kobach’s actions demonstrate a flagrant attempt to do an end-run around our state constitution,” said Sharon Brett, Legal Director of the ACLU of Kansas. “Mr. Kobach is choosing to focus the power of the attorney general’s office on, of all things, attacking and discriminating against transgender Kansans, and it is insulting to all Kansans that Mr. Kobach and other extremists who propped up SB 180 claim to be helping women, when they have made no efforts to meaningfully do so. Instead, they have weaponized women’s rights in a way that actually re-entrenches the oppressive gender stereotypes that hurt all of us. Our clients deserve to live their lives free of harassment, discrimination, and violence – all consequences that Mr. Kobach’s erroneous legal interpretations are designed to encourage.”

“The so-called ‘Women’s Bill of Rights’ is a blatant effort to control and stigmatize transgender residents of the state,” said Ria Tabacco Mar, Director of the ACLU Women’s Rights Project. “Limiting freedom for trans people worsens conditions for all women by re-entrenching the very gender stereotypes that have underpinned centuries of women’s oppression. We will continue to fight for everyone in Kansas to live fully and authentically.”

Today’s motion to intervene is available here. The intervenors will also be filing a motion to oppose the preliminary injunction requested by Kobach and support the Kansas Department of Revenue’s motion to dissolve the Temporary Restraining Order issued by Judge Watson. The filing was submitted Tuesday and will be docketed Wednesday morning.

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Kansas judge orders state stop gender markers on driver’s licenses

Prior to 2007, Kansas law required the Department of Revenue to document an applicant’s sex on the driver’s license

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The administration of Gov. Laura Kelly filed a rebuttal brief to a Shawnee County District Court judge’s issuance of a temporary restraining order blocking Kansans from altering gender on driver’s licenses. (Sherman Smith/Kansas Reflector)

By Tim Carpenter | TOPEKA, KS. – Attorneys for the Kansas Department of Revenue requested a hearing to argue for reversal of the temporary restraining order issued by a district court judge to block issuance of driver’s licenses to Kansans seeking to amend their gender marker on the card.

The administration of Democratic Gov. Laura Kelly filed the request in response to the 14-day temporary order issued Monday by Judge Teresa Watson, a 2014 appointee of Republican Gov. Sam Brownback. Watson’s order was based on a request Friday by Attorney General Kris Kobach to enforce his interpretation of Senate Bill 180, which he contended forbid Kansans from modifying the sex marker of Kansas birth certificates, driver’s licenses or other identification documents.

Attorneys in the Kelly administration responded by arguing the law pushed through by Republican majorities in the House and Senate over the governor’s veto exclusively addressed sex determinations recorded on birth certificates controlled by the Kansas Department of Health and Environment. The statute didn’t deal with gender information recorded on driver’s licenses handled by the Department of Revenue, the administration said.

Since Jan. 1, more than 500 people have sought to alter gender on driver’s licenses in Kansas. That included 172 in June prior to implementation of the law July 1.

Move to quash

Ted Smith, an attorney representing the state Department of Revenue, argued in a filing the temporary restraining order should be dissolved and a full hearing set. He said granting the restraining order without the hearing “should never change the status quo” and undermine a principle that the relative position of both sides in a dispute should be preserved until a decision on merits of the case.

He said quashing the restraining order would enable the Department of Revenue to continue modifying driver’s licenses in terms of gender markers under a process that retained historical information on gender selection, including sex at birth derived from Kansas birth certificates. The Department of Revenue’s process has been in place since 2007 and was backed by administrative changes implemented in 2011.

“Petitioner is requesting an affirmative change from the status quo, that KDOR diverge from its current process of relying upon gender for purposes of developing identity,” Smith’s motion said. “There is no established, actual harm shown by the petitioner if KDOR’s processes are maintained — beyond hypothetical cases.”

Kobach, who was elected attorney general in November and lost the 2018 gubernatorial race to Kelly, filed a lawsuit in Shawnee County to compel the Kelly administration to reform processing of driver’s licenses to identify people as either male or female. Those constraints ignored people with chromosomal variations, such as intersex people, or individuals with diverse gender identities, such as transgender or nonbinary people.

Separately, Kobach filed in U.S. District Court to alter a 2019 agreement allowing Kansans to amend gender markers on birth certificates issued by KDHE.

‘Will be serious harm’

In the driver’s license brief, Smith said accurately recording gender on licenses supported the purpose of checking identity of an individual during a law enforcement traffic stop, when cashing a check or getting on an airplane. The driver’s license would more useful when the appearance of a person matched information contained on the card, he said.

He argued the judge’s reliance on an immediate temporary restraining order was inappropriate unless “there is a clear legal duty attached.” Authority claimed by the attorney general under the new state law wasn’t clearly established by Senate Bill 180, he said.

“Rather it is clear that driver’s licensing specific statutes continue to control and KDOR’s actions are concordant with law. There will be serious harm and public impact to individuals if they must reclassify their gender as requested by the petitioner,” the reply motion said.

The bill approved by the 2023 Legislature was drawn from model legislation advocated by a national organization with a history of opposing women’s rights, including the Equal Rights Amendment and equal pay. It was championed by Independent Women’s Voices, which advocated for the bill in Kansas and other states to counter spread of “transgender ideology.”

The Kelly administration says the two-page bill, also known legislatively in Kansas as the Women’s Bill of Rights, wasn’t tailored to specifics of Kansas law, including the distinct process of dealing with driver’s licenses and birth certificates. The law also didn’t contain an enforcement mechanism, raising questions about how the state would deal with actions viewed as contrary to statute.

Prior to 2007, Kansas law required the Department of Revenue to document an applicant’s sex on the driver’s license. Senate Bill 9, however, change the driver’s license field from sex to gender, which standardized the process of evaluating documentation such as a U.S. passport or birth certificates from another state.

The 2011 administrative policy, crafted by the Brownback administration, enabled the Department of Revenue to address inconsistent processing of requests to adjust gender markers and grapple with potential Americans with Disability Act claims.

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Tim Carpenter

Tim Carpenter has reported on Kansas for 35 years. He covered the Capitol for 16 years at the Topeka Capital-Journal and previously worked for the Lawrence Journal-World and United Press International.

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The preceding article was previously published by the Kansas Reflector and is republished by permission.

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Kansas AG sues to strip gender markers on IDs of trans Kansans

The new law is based on model legislation from a far-right group and attempts to strip transgender residents of their identity

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Kris Kobach offers his opinion during a June 26, 2023, news conference about how Senate Bill 180 should be implemented. (Sam Bailey/Kansas Reflector)

By Sherman Smith | TOPEKA, KS. – Kansas Attorney General Kris Kobach chastised Gov. Laura Kelly in a court filing Friday for recognizing the identities of transgender residents in a dispute over gender markers on driver’s licenses.

In a petition filed in Shawnee County District Court, Kobach asked the court to order the Kansas Department of Revenue’s Division of Vehicles to comply with Senate Bill 180, which took effect July 1, and issue driver’s licenses that reflect a resident’s sex at birth.

The new law is based on model legislation from a far-right group and attempts to strip transgender residents of their identity. The governor’s office said last week that state agencies would continue to issue documents that reflect an individual’s gender.

Quoting John Adams — “we have ‘a government of laws, and not of men’ ” — and invoking the Declaration of Independence, Kobach argued the governor must execute laws passed by the Legislature whether she likes them or not.

“She does not possess the power that English monarchs claimed prior to the ‘Glorious Revolution’ of 1688, namely, the power to suspend the operation of statutes,” Kobach wrote in the filing. “Indeed, the Declaration of Independence was in part a reaction to this practice.”

Kelly, a Democrat, defeated Kobach, a Republican, in the 2018 election for governor. Kelly won reelection in November, while Kobach was elected attorney general.

“While the attorney general has a well-documented record of wasteful and political lawsuits, Governor Kelly is faithfully executing the laws of the state and has directed her administration to as well,” said Brianna Johnson, a spokeswoman for the governor. “We look forward to the Kansas Department of Revenue being able to present its case in court.”

As secretary of state, Kobach lost a high-profile case in 2018 in which he failed to prove claims of voter fraud, was held in contempt of court, ordered by the judge to take additional legal classes, and left taxpayers with a costly bill.

The Legislature overrode a veto from Kelly to adopt SB 180, which supporters refer to as the Women’s Bill of Rights. Civil rights attorneys criticized the law, and transgender residents held multiple protests at the Statehouse.

Legal interpretations of the law are muddled, in part, because it attempts to define “male” and “female” through a flawed and narrow understanding of biology. Some feared the law could be used to restrict access to bathrooms or other gender-specific areas, but the law lacks an enforcement mechanism or penalty.

Under the law, gender is defined by reproductive systems. The law requires public documents to designate gender based on that definition.

The law and its supporters ignore the distinction between sex, which deals with biological characteristics, such as reproductive systems, and gender, which is a social and personal identity.

Kobach previously asked a federal court judge to reconsider a 2019 settlement in which the state agreed to let residents change the gender marker on their birth certificates. The Kelly administration said the Kansas Department of Health and Environment would continue to honor the 2019 agreement.

A banner across the top of the Kansas Department of Revenue’s website makes the state’s position clear: “The enactment of Senate Bill 180 on July 1 will not impact the longstanding procedures for obtaining, renewing, and updating a Kansas driver’s license as they pertain to gender markers.”

Kobach’s petition in Shawnee County acknowledges that state statute requires driver’s licenses to reference a person’s “gender,” but Kobach argues the term should be synonymous with “sex.” The driver’s license itself uses the word “sex” next to a person’s gender.

Mark Burghart, revenue secretary, and David Harper, director of vehicles, are defendants in the case.

“The attorney general reluctantly brings this action to force the governor’s subordinates … to do what the Women’s Bill of Rights clearly tells them they must do: issue driver’s licenses that reflect a person’s sex at birth and stop letting people select their sex designation at will,” Kobach wrote in the petition. “Someone must stand up for the law, even if the governor won’t.”

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Sherman Smith is the Editor in chief of the Kansas Reflector and is the Kansas Press Association’s journalist of the year. He has written award-winning news stories about the instability of the Kansas foster care system, misconduct by government officials, sexual abuse, technology, education, and the Legislature. He previously spent 16 years at the Topeka Capital-Journal. A lifelong Kansan, he graduated from Emporia State University in 2004.

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The preceding article was previously published by the Kansas Reflector and is republished by permission.

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Trans Kansas women barred from women’s bathrooms

Republican-majority legislature overrides Gov. Kelly’s veto to pass far-reaching ban & could put federal funding for state programs at risk

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Kansas lawmakers overrode Gov. Laura Kelly's veto of Senate Bill 180, which targets transgender women and girls. (Photo Credit: Rachel Mipro/Kansas Reflector)

By Rachel Mipro | TOPEKA —  The Legislature successfully resurrected a transgender bathroom ban that bars transgender and intersex women from restrooms, locker rooms, rape crisis centers and other female-specific spaces, making Kansas the first state to enact such a wide-ranging measure.

Rep. John Alcala, a Topeka Democrat, said the language of the bill reminded him of prejudiced arguments for segregation made in the 1960s.  

“It’s the same sayings,” Alcala said. “I don’t want you in my bathroom, I don’t want you drinking  out of my water fountain. I don’t want you over at my house. I don’t want my kid hanging out with you.”

The new law comes after months of upheaval, with legislators narrowly overturning Gov. Laura Kelly’s veto of Senate Bill 180 over two days. Senators voted 28-12 Wednesday to send the bill back to the House for a final vote. The House voted 84-40 Thursday to overrule Kelly’s veto and make the ban a law. The threshold for veto overrides is 84 votes in the House and 27 in the Senate.

The legislation, billed by its supporters as a “women’s bill of rights,” bars individuals who are born without the ability to produce eggs for reproduction from using women’s restrooms, locker rooms and other gender-specific areas.

The ban applies to athletics, prison facilities, domestic violence shelters and “areas where biology, safety or privacy are implicated that result in separate accommodations.” 

The legislation also classifies people with developmental differences, including those who are intersex, as disabled. Intersex individuals would have their own separate facilities under the Americans with Disabilities Act, a classification that  disability rights and equality rights have called wildly offensive. 

Kansas Republicans justified the legislation by claiming that women are in danger of having their rights usurped by transgender or nonbinary individuals. None of them has been able to point to any evidence of this happening in Kansas. 

House Speaker Dan Hawkins said the legislation would help reduce violence toward women.

“The activists who seek to change the definition of a woman ignore the biological differences that exist between the sexes and recklessly expose females to specific forms of violence, including sexual violence, therefore compromising the safety of female-only spaces such as restrooms, domestic violence shelters, rape crisis centers and prisons,” Hawkins said.

Rep. Brenda Landwehr, a Wichita Republican, said the bill was about protecting girls and women. 

“Little girls should not have to be exposed to a man in a female bathroom, but the biggest thing comes down to women’s rights, when we fought for 50 years,” Landwehr said. “Why should our rights be taken away?”

Other female legislators pushed back on this characterization of the bill, including Rep. Susan Ruiz, a Lenexa Democrat and the first openly lesbian representative in the House. 

Ruiz said she has experienced male harassment when using women’s restrooms due to her more masculine appearance and believes the bill, along with other damaging effects, would escalate this sort of harassment.

“This is going to just open up the doors for that and allow much more of that to go on,” Ruiz said. “If you really are here for the kids, you’re going to sustain the veto on this bill. You’ve got to think beyond what these words are. You’ve got to think beyond that and think about what the true ramifications are.” 

Kelly’s administration has warned that enactment of the legislation could put federal funding for multiple Kansas state agency programs that focus on women and girls at risk. The list includes domestic violence and sexual assault grants governed by federal guidelines that prohibit discrimination based on gender identity. 

According to the Kansas Coalition Against Sexual and Domestic Violence, SB 180 compliance could put more than $17 million in funding to Kansas agencies at risk.

The House originally voted 83-41 for the legislation, with the Senate concurring 28-12 to move the bill to Kelly’s desk. Kelly vetoed SB180 on April 20, along with several other bills targeting the transgender population, citing concerns about the bills’ broad scope. 

Senators failed to override the governor’s veto of a bill banning gender-affirming care for minors Wednesday, but several other measures have been or are likely to be successful. 

Republicans overrode Kelly’s veto of a bill requiring county jails to separate inmates by sex assigned at birth Wednesday and are likely to successfully override her veto of a school bill separating students by sex assigned at birth for overnight school field trips in coming days.

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Rachel Mipro

A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

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The preceding article was previously published by the Kansas Reflector and is republished with permission.

Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets.

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Kansas Governor vetoes 4 anti-trans bills, GOP likely to override

“I am not going to go back to those days of hiding in the closet,” Justin Brace, executive director of Transgender Kansas, said

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Kansas Democratic Governor Laura Kelly (File photo credit: Office of the Kansas Governor)

TOPEKA – This past Thursday, Kansas Democratic Governor Laura Kelly vetoed a sweeping set of anti-transgender bills, including a ban on gender-affirming health care for trans minors.

Kansas City ABC News affiliate KMBC-TV 9 reported the governor 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. “I’m focused on the economy. Anyone care to join me?”

In addition to the ban gender-affirming health care, bills were passed by state lawmakers that would have prevented trans Kansans from using restrooms and other public facilities that meshed with their gender identities; another measure would place limits on the, restricting Kansas Department Of Corrections, restricting where trans offenders are housed in state prisons and county jails; then a measure placing restrictions on rooming arrangements for trans youth on overnight school trips.

The state legislature has Republican supermajorities in both chambers and conservative leadership has made it clear rolling back transgender rights is a priority. Votes to override the governor are expected as soon as this week.

The bills on bathrooms, jails and overnight school trips passed earlier this month with the two-thirds majorities needed to override a veto, KMBC-TV 9 reported, but the measure on gender-affirming care did not, falling 12 House votes short of a supermajority.

“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.”

Taking aim at the governor’s veto of the measure to ban on gender-affirming health care for trans minors, Kansas Senate President Ty Masterson said in a statement:

“By any reasonable standard, governing from the middle of the road should include ensuring vulnerable children do not become victims of woke culture run amok.”

The progressive Movement Advancement Project (MAP) think tank noted that as of Friday, April 21, 2023, 15 states have bans on at least some forms of medical care, and many more states are actively pursuing similar bans. As a result, nearly one in five (20%) transgender youth currently live in states where they are banned from receiving best-practice medical care, in addition to transgender adults living in Missouri.  
 
“These bills are part of a much broader, coordinated effort to prevent transgender people from being our authentic selves,” said Logan Casey, Senior Policy Researcher at MAP and an author of the report. “Across the country, anti-transgender extremists and politicians are putting the lives and well-being of transgender people at risk by attempting to outlaw access to best practice medical care not only for youth, but for all transgender people.” 

Prior to 2021, no states banned medical care for transgender youth. Treatments for children and teens have been available in the U.S. for more than a decade and are endorsed by major medical associations.

Medical experts along with LGBTQ advocacy and legal groups point out that the health care targeted by anti-transgender extremists is medically necessary care that is prescribed by experienced doctors who utilize best practices that are endorsed by all major medical groups, including the American Academy of Pediatrics and the American Medical Association

The Kansas measure would have required the state’s medical board to revoke the license of any doctor discovered to have provided such care, and allowed people who received such care as children to sue health care providers later.

Republican state Rep. Susan Humphreys, of Wichita, said during a debate on the gender-affirming care bill: “They’re parents who are saying, ‘My child showed no signs of gender dysphoria until they got to be in middle school, and then they started using social media.’”

According to the Associated Press, Humphreys and her Republican counterparts across the United States argue many of their constituents reject the cultural shift toward accepting that people’s gender identities can differ from the sex assigned them a birth; don’t want cisgendered women sharing bathrooms and locker rooms with transgender women; and question gender-affirming care such as puberty-blocking drugs, hormone therapies and surgeries.

Editor’s Note: The new MAP report, LGBTQ Policy Spotlight: Bans on Medical Care for Transgender People, provides the most comprehensive look to date at the sweeping attempts to ban and restrict medical care for not only transgender youth—but also transgender adults.

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Kansas GOP lawmakers override veto, trans athletes now banned

“The ugly truth is that politicians set their sights on kids who take up few to no resources in the school system”

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Rep. Stephanie Byers said a bill banning transgender athletes from women’s sports was not about fairness but about whether or not you accept transgender women as women. (Tim Carpenter/Kansas Reflector)

TOPEKA – The Republican majority Kansas Legislature was able to override Democratic Governor Laura Kelly’s veto of a bill banning trans girls and women from girls and women’s sports at public schools and colleges.

The state Senate with a 28-12 vote Wednesday afternoon passed through Senate Bill 160 known as the Fairness in Women’s Sports Act. The House had previously voted 84-40. Both reached the two-thirds majority needed for an override. Last year an effort to ban transgender athletes from women’s sports failed after the House fell short on an attempt to override Gov. Kelly’s veto.

“The Fairness in Women’s Sports act protects the rights of female athletes in the state by requiring that female student athletic teams only include members who are biologically female,” Kansas House Speaker Dan Hawkins (R) said in a statement after overriding the veto. “House Republicans are united in our commitment to defending the intention of Title IX.”

In an interview with Kansas City NPR KCUR 89.3 FM, the governor said, “It breaks my heart. I’m sorry that they distracted themselves with this really awful bill.”

Wednesday’s override by Republicans caps a three-year battle to try to enact the ban. Kelly has vetoed similar legislation in the last two years. Kansas News Service reporters Dylan Lysen, Blaise Mesa, Samantha Horton reported that the newly enacted law will not lead to a widespread change in Kansas.

Jeremy Holaday, a spokesperson for the Kansas State High School Activities Association, said of the 106,000 students participating in the organization’s sports and activities, only three are transgender girls.

Two of those transgender girls are set to graduate this spring. That means only one of the students currently participating in Kansas high school activities will be impacted when the law goes into effect in July.

KSHSAA uses a policy that allows schools to consider each case of transgender youth participating in gender-specific activities on an individual basis. The student’s school ultimately makes the decision.

“We believe it has worked for our member schools,” Holaday said. “If the state legislature gives us new direction, then we will adjust accordingly.”

Democratic Rep. Jerry Stogsdill of Wichita warned the bill may lead to businesses and sporting events — like the NCAA’s national tournaments — shunning the state.

“We have put targets on the backs of some of our most vulnerable citizens,” Stogsdill said. “As a proud Kansan, I’m ashamed.”

The bill is one of several measures the Republican-dominated Kansas Legislature is pursuing that limits transgender rights.

Lawmakers also approved a bill known as the Women’s Bill of Rights that bars transgender women from bathrooms, shelters and other spaces designated for women. Kelly is expected to veto that bill, too.

In an editorial by the Kansas City Star’s Editorial Board on Thursday, the newspaper took lawmakers to task denouncing the veto override:

“When talking about the laws that govern our rights, we’re talking about power. Pure and simple. Kansas Republicans have decided out of thin and undetectable air that transgender young people need to be targeted. With their consolidated power in the Legislature, they’ve decided to stand on the necks of a tiny, especially vulnerable minority of children.”

Continuing on, the Star’s Editorial Board wrote:

“This was pressing even though the legislation will affect three high school student-athletes in the state, according according to the Kansas State High School Sports and Activities Association.

If there were only three students enrolled in a school, the board would shut that school down.

If there were only three students enrolled in a class, the school would shut that class down. No matter how you look at it, three people in a population of almost 3 million can’t possibly be worth the Legislature making it into the concern of the century.

Now, in all fairness, it’s not only Kansas that feels that need to put trans students in its crosshairs. Just so far in 2023, GOP lawmakers are putting anti-trans bills in play in almost every state in the nation.

What does it say about Kansas wanting to be on that leading edge of that trend? And what is it about trans students wanting to play ball that’s so horrifying and threatening?

The Star then noted:

“The ugly truth is that politicians set their sights on kids who take up few to no resources in the school system. Members of the Kansas GOP can pat themselves on the back and high-five one another other for battling a nonexistent crisis that should be dealt with by schools and athletic leagues, not the government. They can pick on and bully trans students — and make no mistake, that’s exactly what this is.”

 

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