Kansas Governor Argues State's Anti-Trans Law Doesn't Prevent Birth Certificate Changes
TOPEKA, Kan. (AP) — The Democratic governor in Kansas is defending changes in the sex listings on transgender people's birth certificates in a federal court filing arguing that continuing the changes doesn't violate a new state law rolling back transgender rights.
An attorney for Governor Laura Kelly's office also argued in the filing this week that the new Kansas law is discriminatory and “represents a willful failure of the Kansas Legislature" to protect people's rights. It took effect July 1 and defines male and female based on a person's sex assigned at birth for any other state law or regulation, barring legal recognition of transgender people's gender identities.
The state's Republican attorney general, Kris Kobach, argues that the new law prevents the state health department, which issues birth certificates, from changing the sex listing while also requiring it to undo past changes.
The issue is in federal court because of a lawsuit filed in 2018 over a previous no-changes policy. Kelly's administration settled that lawsuit, and a judge's order enforcing the settlement requires the state to allow transgender people to alter their birth certificates. More than 900 people have done so over the past four years.
Kobach last month asked a federal judge to lift the requirement — and make Kansas among only a few U.S. states that don't allow birth certificate changes. The original lawsuit named only three health department officials as defendants, so Kelly's office filed a request Wednesday for permission to file written “friend of the court” arguments. The judge has not yet ruled on Kelly's request.
Ashley Stites-Hubbard, an attorney for Kelly, argued that Kobach's opinion about the law is “nothing but a political grandstanding that promotes discrimination and violence against the transgender community.”
“It is hard to fathom how legislation that made the discrimination worse, not better, warrants relief,” Stites-Hubbard wrote.
Montana, Oklahoma and Tennessee don't permit transgender people to change their birth certificates. Montana and Tennessee also don't allow changes in the sex listing on driver's licenses.
Kobach is attacking birth certificate changes in federal court while also attacking changes in the sex listings on driver's licenses in a state-court lawsuit.
In the birth certificates case, Kobach argued in a filing last month that Kelly agreed to the settlement before "any definitive legislative statement on the matter.”
“But now that the Legislature has spoken, the agency is bound to execute the law as written,” Kobach said. The Republican-controlled Legislature enacted the new law over Kelly’s veto.
In the governor's filing, Stites-Hubbard acknowledged that a specific section of the new state law says that in its data, the state must identify people as “either male or female at birth.” But, she argued, the law doesn't specifically prohibit recording a change in gender identity or amending a birth certificate.
“Thus, there is nothing preventing any state data set from BOTH identifying an individual as male or female at birth and also identifying them accurately later — that is to reflect their true sex, consistent with their gender identity,” Stites-Hubbard wrote.
(–Related story–)
Judge: Trans People's Rush to Alter Kansas Licenses Created a 'Safety Concern'
TOPEKA, Kan. (AP) — The nearly 200 transgender people who rushed in recent weeks to change the sex listings on their driver's licenses created an immediate “public safety concern,” a state-court judge declared Wednesday in keeping in place a ban on those changes.
The state agency that issues Kansas driver's licenses failed Wednesday to persuade District Judge Teresa Watson that she'd made a mistake in imposing the ban two days earlier. Watson's latest order means that Kansas remains for now one of only a few U.S. states that won't change transgender people's licenses to reflect their gender identities.
The ban is a legal victory for the state's Republican attorney general, Kris Kobach. He argues that driver's license changes by the Kansas Department of Revenue's motor vehicles division violated a new law rolling back transgender rights, which took effect July 1. He sued two top department officials when the agency continued making changes despite the new law, in line with an announcement last month from Democratic Gov. Laura Kelly. The department stopped the changes when Watson imposed the ban.
The ban is set to expire July 24, but Watson's order indicated that she plans to have another hearing on whether she should extend it. In defending the ban, Watson said a key piece of evidence came from the department itself, data showing that the department changed 172 licenses in June alone or a third of all the changes made in the past four years.
“Licenses are used by law enforcement to identify criminal suspects, crime victims, wanted persons, missing persons and others,” Watson wrote. “Compliance with legal requirements for identifying license holders is a public safety concern.”
After lawmakers enacted the law, driver’s license changes accelerated in May and June as LGBTQ+ rights advocates encouraged people to do it ahead of the new law. Watson added that allowing license changes to continue would represent an immediate injury to the state and “the immediacy is supported by information” from the department. The judge had a Zoom hearing Wednesday from Shawnee County, the home of the state capital of Topeka, to consider a request from the Department of Revenue to lift her ban.
With Kobach's lawsuit in its early stages, Watson has yet to hear directly from transgender people affected the dispute. However, five transgender Kansas residents, represented by the American Civil Liberties Union, have asked to intervene in the lawsuit. Watson has yet to rule on that request.
One of them, Adam Kellogg, a 20-year-old University of Kansas student, briefly discussed a traffic stop that occurred when his driver's license didn't match his male identity.
“The officer examined my license for a prolonged period and seemed suspicious of my identity,” his statement said. “I would not have chosen to disclose my transgender status during that traffic stop. That experience made me uncomfortable and anxious about further interactions with state officials, including police officers.”
The Department of Revenue contends that the new law conflicts with an older one dealing specifically with driver's licenses, in which license applicants are to provide their gender, not sex assigned at birth. And department attorney Ted Smith told Watson that the agency is bound by the older law on driver's licenses and not “the attorney general's legal theories.”
Montana and Tennessee also bar changes for transgender people, but their laws deal specifically with driver’s licenses. The new Kansas law prevents the legal recognition of transgender people's gender identities by defining male and female based on a person’s sex assigned at birth. Although it does not specifically mention driver's licenses, Watson noted in her decision Wednesday that it applies to any state law or regulation. Many critics of the new law view it as sloppily written, and the Department of Revenue argued that GOP lawmakers botched the job.
“It’s clear that they’re trying really hard to sort of go on the attack or at least show that they’re going on the attack against trans people," said Jenna Bellemere, another 20-year-old transgender University of Kansas student. “But at the same time, they clearly lack the capability or the inclination to write any kind of actual functional legislation that makes sense."
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Lawrence Police Investigate Possible Homicide
LAWRENCE, Kan. (KPR) – Lawrence police are investigating the death of a 62-year-old man as a possible homicide. The man, identified as Lawrence resident David Blaine Sullivan, was found dead in downtown Lawrence Wednesday morning. A release from the Lawrence Police Department said that officers responded to a call at around 10:45 am Wednesday, and found a man on the ground near trees northwest of the intersection of 6th and Vermont Streets. Investigators processed the scene and uncovered evidence suggesting foul play was involved in the death. Police did not know how long Sullivan had been in the location where he was found.
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7 KC Area Hospitals Included in HCA Healthcare Data Security Breach
OVERLAND PARK, Kan. (WDAF) — HCA Healthcare is warning patients about a data security breach at seven of its Kansas City area hospitals. The health care company said it found out recently someone posted a list containing patients personal information online. WDAF TV reports that the information includes patient names, email addresses, telephone numbers and other personal information. HCA said the information on the list was used to send email messages such as appointment reminders to patients. The company says someone stole the information from an external storage location used to automate the email messages.
HCA provided a long list of hundreds of hospitals and clinics that may have been impacted by the data breach. Kansas City-area locations include:
Kansas
Menorah Medical Center
Overland Park Regional Medical Center
Missouri
Belton Regional Medical Center
Centerpoint Medical Center
Lafayette Regional Health Center
Lee’s Summit Medical Center
Research Medical Center
There are also nearly 90 clinics in the Kansas City area included. The full list is available at HCAHealthcare.com. HCA says it has not yet identified malicious activity on its systems or networks that would have caused a leak of information.
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Hays Man Accused of Scamming $4.5 Million from Elderly Victims
KANSAS CITY, Mo. (KCTV) - A Hays man faces federal charges for his alleged role in a decade-long telemarketing scheme that stole more than $4.5 million from elderly victims. Prosecutors say 42-year-old Christopher Lang used false promises to sell or rent the timeshare properties of elderly residents. Lang was arrested alongside 44-year-old Michael Dragunov, of West Los Angeles. KCTV reports that both men have been charged with conspiracy to commit wire fraud and other crimes in connection with telemarketing and email marketing that targeted the elderly.
Authorities say Christopher Lang also used the aliases of “Scott Graham,” “Don Lewis” and “Jack Morgan.” Prosecutors say the defendants falsely told victims they would assist them in selling or renting their properties for a one-time advertising fee. However, despite reoccurring fees which totaled hundreds of thousands of dollars over the years, the victims did not receive the services promised. If convicted, both men could face up to 30 years or more in federal prison.
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Fired Emporia State University Professors Seek Damages
EMPORIA (KSNT) – A group of former Emporia State University professors who were laid off last year have filed a complaint against the university and the Kansas Board of Regents. KSNT TV reports that the complaint seeks $75,000 for each of the 11 fired professors and requests reinstatement. In the summer of 2022, ESU President Ken Hush presented the Board of Regents with a plan to cut 7% of the university’s staff due to financial pressures. The layoffs began in September of last year, leading to criticism from the American Association of University Professors.
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Package Containing 20,000 Pills Suspected of Fentanyl Thrown Out on Kansas Turnpike
WICHITA, Kan. (KWCH) - Two 18-year-olds have been arrested in connection with an undercover operation involving thousands of pills believed to contain fentanyl. The Butler County Sheriff’s Office says a package containing the pills was delivered to a home in El Dorado Wednesday morning. A person later retrieved the package, got into a vehicle and drove away. Deputies tried to stop the vehicle, but it fled, entering the Kansas Turnpike. Someone inside the vehicle then threw out the package, causing it to break open on the highway. KWCH TV reports that the package contained nearly 20,000 counterfeit oxycodone pills suspected of containing fentanyl. Authorities spent several hours cleaning up the pills to reduce the risk of fentanyl exposure to the public. Two people were arrested - the female driver, 18-year-old Jordan R. Cooper, of Wichita, and a male passenger, 18-year-old Kavonte Horton, of Wichita. They were booked into the Butler County jail.
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Wichita Schools Reach Tentative Contract Deal with Teachers
WICHITA, Kan. (KNS) - The Wichita school district has announced a tentative two-year contract agreement with United Teachers of Wichita. The contract would raise teacher pay by nearly 5% in the first year and another 5% the following year. Under the agreement, teachers would keep their current health insurance premiums and make an additional $30 per hour for covering another teacher’s classroom. Teachers will vote on the contract in early August.
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K-State Launching Animal Vaccine Lab
MANHATTAN, Kan. (KNS) - Kansas State University is launching a research center to develop and test animal vaccines. The vaccines are mostly for livestock. K-State Professor Jishu Shi says some animal vaccines are too expensive for farmers to buy or are not developed yet. Across the world, some animal epidemics are running wild without a vaccine to stop it. The university has a few goals. Create vaccines, test experimental vaccines and gather data on the success rates of vaccines so companies know which ones are effective. Shi says facilities with test capacity are badly needed. “The vaccines that need to be tested against those dangerous pathogens are really needed in many countries, but they don't have the capacity to test them," he said. The facility will be able to run experiments on a few dozen vaccines a year.
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Police Announce Another Arrest in Kansas Nightclub Shooting
WICHITA, Kan. (AP) — Police have arrested another person in a Kansas nightclub shooting earlier this month that injured nearly a dozen people. A 23-year-old Wichita man was arrested Tuesday night on suspicion of attempted murder, assault and battery, Wichita police said. He is one of three people in custody for their suspected roles in the July 2 shooting at City Nightz in downtown Wichita, in which nine people were shot and two others were trampled in the chaos. No one died. Police said details of the investigation have been sent to Sedgwick County District Attorney Marc Bennett, who will determine any charges against the suspect. Bennett did not immediately respond Wednesday to messages seeking comment.
The Associated Press typically does not name people arrested for crimes unless they've been charged.
Two other Wichita men have been charged in the shooting. John Houze, 27, and Ameir King-Ingram, 19, are charged with several gun and aggravated assault counts. King-Ingram is also charged with aggravated battery. Both are being held on $500,000 bond. A St. Louis-area man was arrested July 3, but prosecutors later determined he fired his gun to defend himself after shots were fired by others. The gunshot victims — seven men and two women — ranged in age from 22 to 34, police said. The two people trampled were a 30-year-old woman and a 31-year-old male.
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No More Stopping at Tollbooths on the Kansas Turnpike in 2024
LAWRENCE, Kan. (LJW) - Many drivers on the Kansas Turnpike currently have to stop at toll booths to collect a ticket and then again to pay their toll. But starting next year, those drivers won’t need to stop at all. Instead, their license plates will be scanned and a bill will be sent to them in the mail. The Lawrence Journal-World reports that the new cashless tolling system will apply to all drivers on the turnpike who don't have a K-Tag, which automatically tracks a driver's use on the turnpike. For customers who already have a K-Tag, nothing will change.
K-Tag users pay about 30% less than the average motorist. Under the new system, if a vehicle drives through a tollbooth without a K-Tag, the driver will be charged extra for the postage used to send out the bills in the mail. With a K-Tag, users can pay tolls online and won’t be charged postage. Drivers can register for a K-Tag at myktag.com. There is no cost to sign up for the program.
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Kansas Department of Education: Teacher Vacancies Remain High
TOPEKA, Kan. (KNS) - New numbers from the Kansas Department of Education show the teacher shortage continues across the state. Public schools reported more than 1,600 vacant jobs in April - about the same number as last fall. Most openings are in special education and elementary schools. State licensing director Shane Carter says districts aren’t getting qualified applicants. “There’s not anyone there that we can get into a program, that can take a test or whatever to become properly licensed. There’s just nobody to apply or fill that position," he said. While Kansas schools are still struggling to find enough teachers, officials think the teacher shortage may have hit its peak. Carter says the teacher shortage remains a challenge, but there is some good news. “We didn’t have a huge increase, so hopefully this indicates that we’ve reached our ceiling for vacancies," he said. Special education and elementary positions have the largest number of openings. And the teacher shortage is worst in rural parts of western Kansas. State education leaders are trying to attract more people to the teaching profession. A new apprenticeship program launching this fall will pay college tuition for some students pursuing degrees in teaching.
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Report: Kansas Schools Misspending Millions for At-Risk Students
TOPEKA, Kan. (KNS) - A new report says Kansas schools aren’t following state law in how they spend millions of dollars set aside for at-risk students. Auditors for the Kansas Legislature looked at a list of programs approved by the State Department of Education and said most aren’t proven to help students in poverty or those with other risk factors. Auditor Heidi Zimmerman says many districts use at-risk money to pay teacher salaries or for general programs. “It’s unclear how much of the districts’ at-risk spending really provides an above-and-beyond opportunity," she said. Department of Education officials say they will revise the list of programs before the 2024-25 school year.
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Kansas Applies for Federal Funding to Plug Oil Wells
WICHITA, Kan. (KNS) - Kansas officials are applying for millions in federal funding to plug leaky oil wells abandoned by energy companies. The money would reduce, but not eliminate, the public health threat posed by the wells. More than a century of oil drilling in Kansas has left behind thousands of abandoned wells that can emit greenhouse gasses and pollute groundwater. That harms nearby communities, says U.S. Representative Sharice Davids. “When you’ve got families and kids out playing sports or just spending time outside, it can have negative impacts on people’s health," she said. The state is now eligible for $33 million to help plug the well as part of the bipartisan infrastructure law. That would come on top of the $25 million Kansas got last year. But it likely won’t cover all the more than 5,000 wells that need sealing in the state, which experts say likely under counts the true number significantly.
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Public Invited to Dole Institute’s Celebration July 22
LAWRENCE, Kan. (KPR) — The public is invited to attend a celebration this month honoring the 100th birthday of the late Kansas Senator Bob Dole and the 20th anniversary of the opening of the Dole Institute of Politics at the University of Kansas. The celebration will be held July 22 with free events and activities. Beginning at 10 am, the events will include tributes to Dole and the Dole Institute, with appearances by Kansas Governor Laura Kelly, former U.S. Senator Elizabeth Dole and Dole's daughter, Robin Dole.
The ceremony will close with the dedication of a commemorative earthwork created by renowned artist Stan Herd, which will incorporate over 1,000 works of art from students across Kansas. A Dole Institute open house and full slate of events for all ages will follow. (Read more.)
The Robert J. Dole Institute of Politics at KU is dedicated to promoting political and civic participation, as well as civil discourse, in a bipartisan
manner.
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Fossilized Skeletons of Aerial and Aquatic Predators to Be Auctioned by Sotheby's
NEW YORK (AP) — The fossilized skeletons of an aerial predator with a 20-foot wingspan and an aquatic reptile with a snake-like neck will be auctioned in New York this month, Sotheby's announced Tuesday. The two creatures, both tens of millions of years old, will be sold July 26 in the latest sale of prehistoric fossils from the auction house that launched a new era of fossil auctions by selling a Tyrannosaurus rex named Sue in 1997. “More than 25 years since the groundbreaking sale of Sue the T. rex at Sotheby’s, we are very excited to now turn our attention to its predatory peers of the sky and the sea," Cassandra Hatton, Sotheby's head of science and popular culture, said.
The mounted skeletons that will be auctioned this month are a pteranodon, a huge bird-like animal that lived about 85 million years ago, and a plesiosaur, an 11-foot marine reptile of the type that is thought to have inspired the legend of the Loch Ness monster. The pteranodon specimen, nicknamed Horus after the falcon-headed Egyptian god, was discovered in 2002 in Kansas in what was once an inland sea that divided the continent of North America during the Cretaceous Period, Sotheby's said. One of the largest winged creatures that ever lived, the pteranodon flew over water and used its long beak to fish for prey. Almost all of the specimen's original fossil bones have been preserved, Sotheby's said. “To get something of this size with the level of preservation is incredibly rare,” Hatton said. “Generally, if you go to a museum and you find a specimen that’s super well preserved, it’s going to be something on the smaller side.”
Sotheby's is estimating that the pteranodon will sell for $4 million to $6 million. The 11-foot-long plesiosaur was discovered in the 1990s in Gloucestershire, England and is believed to have lived about 190 million years ago. According to Sotheby's, many have drawn comparisons between plesiosaurs and the Loch Ness monster of Scottish folklore, as the plesiosaur's long neck, small head and flippers mirror recorded descriptions of the fabled monster. Sotheby's is calling its specimen Nessie. The estimated auction price is $600,000 to $800,000. Sotheby's has not identified the seller of either fossil.
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New Washburn Law School Building to Bear Bob Dole's Name
TOPEKA, Kan. (KPR/WIBW) - Washburn University's new law school building will be named "Robert J. Dole Hall" in honor of the late Kansas senator. WIBW reports that Washburn's Board of Regents unanimously voted to name the new building after Dole, who graduated from Washburn in 1952. Construction on the building started in June 2021 and is expected to be completed at the end of July. The former law building was built after the 1966 tornado and housed Washburn's law school for more than 50 years. Mabee Library will moved into the old law school to make room for a clinical learning space for nursing students.
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Big 12 Notebook: Kansas State Defending Champ While West Virginia Picked at Bottom
ARLINGTON, Texas (AP) - Kansas State is the defending Big 12 champion even though it was TCU that went to the national title game last season. The Wildcats beat then-undefeated TCU in overtime in the Big 12 championship game. K-State coach Chris Klieman says that was a big win that let his players know they are doing things the right way. He spoke at the league's media days on the same field where they won the title seven months ago. West Virginia is picked last in the 14-team league. Coach Neal Brown says they won't finish there.
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KU Athletics Announces Date for “Late Night in the Phog”
LAWRENCE, Kan. (KSNT) – University of Kansas Athletics has announced the date for its pre-season tradition, the annual Late Night in the Phog. Basketball fans will return to Allen Fieldhouse on October 6 for the 39th annual event. KSNT TV reports that this year’s party will feature entertainment by the KU pep band as well as routines from KU’s spirit squad and dance teams. Fans will also be invited to participate in several activities with both the men’s and women’s basketball teams. A musical performance by an, as yet, unnamed entertainer will cap the evening. Past performances at the Late Night event have included Run-DMC and Snoop Dogg. Officials at Kansas Athletics say they will release more details later. Late Night in the Phog began in 1985 under former head basketball coach Larry Brown.
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A Year in as Big 12 Commissioner, Yormark Says 'Open for Business' Was About More Than Expansion
ARLINGTON, Texas (AP) — Brett Yormark was definitely trying to send a message during his introduction as the Big 12 commissioner last year when he said the league was “open for business.” A year into the job, Yormark said that statement was more than just about ongoing realignment and the potential of additional expansion during a transformative time throughout college football.
“I think people took that as, my god, this guy’s new and he wants to go and disrupt, I guess, in some respects,” Yormark said Wednesday at the start of Big 12 football media days. “Open for business was that we were going to explore every and all possibility to grow revenue, to diversify our conference and do things that hadn't been done before. And we did a lot of that."
And, yes, there is still a plan for expansion, even though Yormark doesn't really want to talk about it. The Big 12 is already bigger after BYU, Cincinnati, Houston and UCF officially became members July 1, about 17 months after their invitations to the evolving conference. There will be 14 teams this fall with Texas and Oklahoma, the league's only remaining national champions in football, playing their final seasons before heading to the Southeastern Conference next summer.
“We do have a plan and hopefully we can execute that plan sooner than later,” Yormark said, without being specific. “I love the composition of this conference right now. ... And if we stay at 12 (teams), we’re perfectly fine with that.”
Yormark said the Big 12 isn't chasing a certain number of schools. Before becoming commissioner, Yormark had never had a job in college athletics. He came from Jay-Z's Roc Nation, where he was the chief operating officer on the commercial side of the business. He is a former CEO of the NBA's Brooklyn Nets and also worked for NASCAR.
“When I took this job, it was the first time I really experienced college football. And candidly, I’m hooked,” he said.
At the end of the Big 12's spring business meetings last month, Texas Tech President Lawrence Schovanec said there was a great deal of enthusiasm about the state of the conference and prospects for the future.
“The general sense is that when we hired Brett Yormark we hit the jackpot,” Schovanec said. “It was a little less than a year ago when we were conducting the search and we were considering our possibilities. Some were identified as moderate reward, moderate risk. One was identified as high risk, high reward, and we went with the high risk, high reward, and we’re benefiting.”
The Big 12 last fall extended its media rights deal with ESPN and Fox Sports through the 2030-31 school year, which Yormark said created stability and clarity for the league. That deal was set to expire in two years, after the departures of Texas and Oklahoma. The Big 12 recently completed its first conference-wide strategic plan since 2011, the first year as a 10-team league. A business advisory board was formed, and plans were announced for a league-wide Pro Day with the NFL and men's and women's basketball games in Mexico City late next year with the possibility of a football bowl game in Monterrey.
“It’s been a very busy 11 months, but it’s not necessarily about where we've been,” Yormark said. “For all of us, it’s about where we’re going as we look forward. We will continue to innovate, create and positively disrupt, living at the intersections of culture, sports and business.”
A record record revenue distribution of $440 million will be split among the 10 current schools for the past academic year, and those numbers are expected to grow moving forward with additional teams. Asked about where he felt the Big 12 ranked among the Power Five conferences, Yormark said he's not really competing with other leagues.
“I want the Big 12 to be the best version of ourselves. And if we can do that, we’re in a great place,” he said. “So it’s not about ranking us within the Power Five. But I can tell you this, there’s been no better time to be a part of the Big 12 than right now. And this thing is going to grow..”
Yormark said he anticipates 2023 being a season of celebration in the Big 12, which saw TCU reach the national championship game last year where it lost to Georgia.
“We’re going to celebrate our continuing eight (members), we’re going to celebrate our new four," he said. "And, in fact, we’re going to celebrate Texas and Oklahoma and all the contributions they’ve made to this conference since day one, because they’ll always be a big part of this conference.”
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This summary of area news is curated by KPR news staffers, including J. Schafer, Laura Lorson, Tom Parkinson and Kaye McIntyre. Our headlines are generally posted by 10 am weekdays and updated throughout the day. These ad-free headlines are made possible by KPR members. Become one today. You can also follow KPR News on Twitter.