Under a new Kansas law already facing a constitutional challenge, transgender men must use the women’s restroom in public schools, universities and other government buildings — or risk fines and potential criminal charges.
The same law requires transgender women — who were born male — to use men’s facilities in those same public spaces.
Pictured above is Matthew Neumann, a transgender man from Larned. Because he was born female, the law now requires him to use women’s multi-stall restrooms in government buildings.
“He is going to sit down at the stall next to your granddaughter,” said Rep. John Carmichael, a Sedgwick County Democrat.
That is the practical effect of Senate Bill 244, passed by the Republican-controlled Legislature over Gov. Laura Kelly’s veto.
What The Law Does
SB 244 requires government buildings — including public schools, state universities and state or local government offices — to separate multi-occupancy restrooms and locker rooms based on sex assigned at birth.
Single-occupancy bathrooms are not affected. Private businesses are not covered.
If a transgender male enters a men’s restroom in one of those buildings, he could face escalating penalties under state law and the reverse goes for transgered women.
The law establishes penalties for violations:
• First violation: warning
• Second violation: $1,000 fine
• Third violation: misdemeanor criminal charge
It also allows private individuals to sue someone they suspect of being transgender for using the “wrong” restroom in a government building and seek $1,000 in damages.
Government agencies that fail to enforce the policy can face fines of $25,000.
Children under 8 may accompany caregivers into opposite-sex restrooms. Parents cannot enter opposite-sex restrooms with a child older than 9. Coaches may enter opposite-sex locker rooms if everyone is clothed.
Driver’s Licenses Invalidated Immediately
The law also invalidated state-issued driver’s licenses that had updated gender markers reflecting a person’s gender identity.
Transgender Kansans who had previously changed the gender marker on their licenses received letters from the Kansas Department of Revenue informing them their credentials were “no longer valid,” effective immediately, because the lawmakers did not include a grace period in the bill. .
He must now obtain a new license listing him as female. An $8 fee applies for the replacement license.
The law also prohibits Kansans — including those born in Kansas — from updating the gender marker on their driver’s licenses or birth certificates in the future.
Democrats: Law Creates The Situation Republicans Warn About
During debate, Democratic lawmakers argued the bill would force transgender men who present as male to enter women’s facilities — creating the very scenario Republicans say they are trying to prevent.
Carmichael, a Sedgwick County Democrat.
“That hairy-faced man will be standing naked, showering next to your daughter,” said Carmichael about shared shower and locker room facilities. “That’s what this bill requires.”
Democrats said lawmakers did not fully think through the practical implications of requiring restroom use based solely on sex assigned at birth.
Gov. Laura Kelly vetoed the measure, saying it was poorly drafted and urging lawmakers to focus on other priorities. However, the Republican supermajorities overrode her veto.
Republicans: “Biology Matters”
Supporters say the law protects privacy and provides clarity.
“Biology matters especially in certain spaces … It’s not about what a person looks like or the identity they claim,” said Sen. Kellie Warren, a Johnson County Republican. “It’s about biology.”
House Speaker Dan Hawkins called the bill “fundamentally common sense.”
Republican lawmakers also argued that driver’s licenses should reflect sex assigned at birth for identification and safety reasons.
Legal Challenge Filed
The American Civil Liberties Union of Kansas has already filed a lawsuit challenging SB 244 in Douglas County District Court on behalf of two anonymous transgender Kansans.
The lawsuit argues the law violates the Kansas Constitution’s protections for privacy, personal autonomy, equality and due process.
“This legislation undermines our state’s strong constitutional protections against government overreach and persecution,” said Monica Bennett, Legal Director of the ACLU of Kansas.
“The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police, saidHarper Seldin of the ACLU’s LGBTQ & HIV Rights Project
The case is expected to move through state courts in the coming months.