WASHINGTON — Trans Liberty PAC has issued what it describes as the first statewide evacuation warning for transgender residents of Kansas following the Legislature’s override of Gov. Laura Kelly’s veto of Senate Bill 244, according to a Feb. 26 press release from the organization.
The organization is urging transgender Kansans to consider leaving the state, citing concerns over provisions in the newly enacted law that it says could expose individuals to civil lawsuits, criminal penalties and the invalidation of previously issued identity documents.
SB 244, which is scheduled to take effect upon publication in the Kansas Register within the next two weeks, retroactively voids changes made to gender markers on state-issued driver’s licenses and birth certificates. The law also establishes a civil enforcement mechanism allowing private citizens to file lawsuits seeking at least $1,000 in damages against individuals they believe violated the statute’s restroom provisions.
The legislation prohibits transgender individuals from using restrooms, locker rooms and other multiple-occupancy facilities in public buildings consistent with their gender identity. Under the law, a third violation constitutes a Class B misdemeanor punishable by up to six months in jail and a $1,000 fine.
Gov. Kelly vetoed the bill, calling it “poorly drafted” and warning of “numerous and significant consequences far beyond the intent to limit the right for trans people to use the appropriate bathroom.” The Kansas Legislature overrode the veto on Feb. 18. According to legislative records, one Republican lawmaker joined Democrats in opposing the measure during final votes.
In a statement included in the press release, Trans Liberty PAC founder Samantha Boucher said the law represents an unprecedented step in targeting transgender residents. She said the organization is coordinating with local and national partners to provide legal guidance, safety planning and relocation assistance to those who believe they may be affected.
State Rep. Abi Boatman, who is transgender, addressed lawmakers during debate over the bill. “I have sat here for five and a half hours, and listened to this entire room debate my humanity and my ability to participate in the most basic functions of society,” Boatman said. “And from the bottom of my heart, I hope none of you have to ever sit through something like that.”
According to Trans Liberty PAC, Kansas is the 21st state to restrict restroom access for transgender individuals. The organization says SB 244 differs from similar laws in other states by including criminal enforcement provisions, a private civil “bounty-style” mechanism and retroactive invalidation of identity documents.
Legal challenges to the measure are expected. The Kansas Supreme Court has previously ruled against efforts to restrict changes to gender markers on state identification documents. It is unclear when court proceedings related to SB 244 may begin.
Based on national population estimates, advocacy groups estimate that between 20,000 and 50,000 transgender individuals live in Kansas.
Trans Liberty PAC said it plans to continue organizing legal and political responses to the law while monitoring its implementation once it takes effect.
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