In a matter of days, transgender minors in Kansas might lose options for hormone treatments, surgeries and other care. Republican lawmakers overrode a veto to put a ban on gender-affirming health care into law on Tuesday.
As with similar efforts in years past, Democratic Gov. Laura Kelly vetoed the bill. But this year, the state’s Republican-dominated Legislature rallied the two-thirds majorities necessary to overpower Kelly and pass the ban into law.
Proponents said the ban is a common-sense measure to protect children from irreversible decisions. In a floor debate, Rep. Angela Stiens called gender dysphoria among teens a “social contagion.”
“We know children and adolescents lack the emotional and cognitive maturity to consent to treatment that may have lifelong consequences,” she said.
D.C. Hiegert, a legal fellow at the American Civil Liberties Union of Kansas, said GOP lawmakers are out of step with most Kansans on the issue.
“It's just really frustrating to see a small amount of people in power continually introduce bills that target this community that has done nothing wrong, that are just trying to exist in our state like every other Kansan,” they said.
A survey late last year by Emerson College Polling, commissioned by the Midwest Newsroom, found slightly more Kansans supported a ban on transgender care for minors. The poll found 46% supported a ban, 40% opposed one and 14% were unsure.
The law is written so that it takes effect sooner than usual — within days or weeks — although a legal challenge is possible. The law requires transgender teens to end any ongoing treatments by the end of the year.
Medical providers could face legal liability and lose their license if they approve medical treatments for gender dysphoria, like puberty blockers, hormone replacement therapy and gender reassignment surgery.
Patients will be banned from using state-funded programs, including Medicaid, to access gender-affirming treatment and medication.
Though more than half of states have limited or banned forms of gender-affirming care for minors, critics of Kansas’ bill say it goes beyond blocking access to medical treatment. Advocacy groups argue the law also attacks kids’ ability to explore their gender identity in certain social settings, such as by dressing differently or changing their pronouns.
The bill reads: “A state employee whose official duties include the care of children shall not, while engaged in those official duties, promote the use of social transitioning.”
Critics wonder whether teachers, school counselors or caregivers might face legal repercussions for calling a student by a preferred name or giving advice that affirms their gender identity. In floor debates, proponents said the bill is not intended to do so, but rejected amendments that would clarify the bill’s language.
Hiegert said the vagueness could push teachers, social workers and mental health professionals to stop treating transgender children.
“We may see them sort of proactively close their doors or back away from offering services to trans youth in our state just because of fear,” he said.
Hiegert said the ACLU of Kansas is considering different options to respond, which could include litigation. They said the law could violate legal standards of equal protection because it only bans hormone treatments for transgender people, not cisgender people who may need them for other reasons. There are also arguments that it represents state interference in private medical decisions and bodily autonomy.
Regardless, Republican Senate President Ty Masterson said he expects the law to survive legal challenges.
“There's all types of precedents for restricting minors from dangerous things,” he said. “We don't even let you get tattoos or tanning beds when you're a minor, right? So I don't anticipate a challenge being successful.”
Brandon Woodard, Democratic House minority leader, said he hopes litigation can intervene and block the law from taking effect right away. But after Republicans expanded their supermajorities in the state House and Senate in the November elections, he was unsurprised that they were able to finally pass the ban into law.
“The people of Kansas elected a more conservative Legislature, and these are the very real consequences of that happening,” he said.
Zane Irwin reports on politics, campaigns and elections for the Kansas News Service. You can email him at zaneirwin@kcur.org.
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