In late night vote, Kansas Legislature bans gender-affirming care for trans youth
Lawmakers approved a bill early Friday morning that would strip doctors who perform health care for transgender youth of their medical licenses, the latest in a string of anti-transgender bills in Kansas.
The measure’s passage, which now heads to Gov. Laura Kelly, comes a little over a day after lawmakers enacted a ban on transgender athletes in women’s sports and as lawmakers await her response to a bill requiring trans individuals to use public facilities corresponding with their gender assigned at birth.
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The legislation passed the Kansas House at about 2:30 a.m. on a 70-52 vote, well short of the two-thirds majority needed to survive a veto from Kelly. The Senate, at around 4:20 a.m., also fell short of the supermajority support on a 23-12 vote.
Its consideration late at night drew stiff condemnation from Democrats, who said it was an attempt to hide legislative business from Kansans.
"This is no way to pass any law, let alone one of this magnitude," House Minority Leader Vic Miller, D-Topeka, said. "And whether you are for or against what is in front of you, do it the right way."
Gender-affirming care ban latest in Kansas anti-transgender bills
Senate Bill 26 would allow individuals to sue doctors who perform gender-affirming care if they regret the decision later in life, though the statute of limitations would be limited to the three-year window after an individual turns 21 years old.
Gender-affirming care encompasses a wide range of health care to support a person’s gender identity when it conflicts with their gender assigned at birth.
The LGBTQ community has argued that it can be a crucial way for making young transgender people feel supported, and the nation’s largest medical groups have said the treatments can be important in boosting the mental health of an otherwise vulnerable population.
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“This is my choice and that is no one else’s choice because it is my body and it is how I feel,” Logan, a 16-year-old transgender student said at a Statehouse rally last week.
Younger teens can receive puberty blockers that halt or delay the onset of puberty, with the goal of allowing a young person more time to determine their gender identity before certain sex characteristics — such as genitalia, hair or breasts — more fully develop. Older teens or adults can also take estrogen or testosterone in an effort to develop sex characteristics more in line with their identity.
Proponents of the ban, however, argue that minors are too young to make significant life decisions. While some hormone therapies are reversible, other procedures are not.
"We all know children change their minds. How many children change what they want to be when they grow up?" Rep. Susan Humphries, R-Wichita, said. "Clinicians have no reliable way of knowing whether the discomfort children feel with their body means they are destined to feel that way the rest of their lives."
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Opponents point to research showing an increase in depression and suicidal ideation in transgender youth where similar bills have been passed.
Rep. Steven Howe, R-Salina, said he thought the issue was nuanced but also was frustrated that it was portrayed that supporters of the bill did not care about children and would bring them to self-harm.
"I think it is a horrible thing to put out there to kids, to youth that are listening, that kind of gaslighting," Howe said. "That idea that if they pass this bill, you don’t have any value, and I don’t agree with that. I believe kids do have value, and that is why I support this bill."
Gov. Laura Kelly will likely veto trans care ban
Critics of the bill countered that parental consent is already needed to commence puberty blockers. And Rep. Jo Ella Hoye, D-Lenexa, said it was "despicable" that lawmakers approved the bill just a day after enacting the transgender athletes ban.
"Here we are, fast-tracking a bill that takes away their identities," Hoye said. "It doesn’t just say you can’t play sports anymore, it says you can’t have the opportunity to seek health care if needed."
A Senate committee that heard the bill received testimony from two individuals who say they regret their gender transitioning, though research has shown that fewer than 1% of individuals regret their decision to transition or undergo gender-affirming care.
Lawmakers across the country have considered similar bills in recent weeks. Governors in Indiana and Idaho have signed stricter bans in the last week, though similar legislation in Kansas is likely to meet Kelly's veto pen.
"I will continue to stand up for you, protect your rights and call out and condemn any speech or behavior or veto any bill that aims to harm or discriminate against you," she said at a rally hosted by Equality Kansas at the Statehouse last week, though Kelly did not explicitly cite the legislation.
The bill was initially considered dead this session, as Rep. Brenda Landwehr, R-Wichita, chair of the House Health and Human Services Committee, steadfastly refused to hold a hearing on it after the measure first passed the Kansas Senate in March.
But the bill, alongside two anti-vaccine proposals, was advanced by a team of negotiators from a different House committee. Landwehr said she had concerns about the prevalence of gender-affirming care but wanted more review on the issue before allowing it to advance.
In the Senate, Sen. Brenda Dietrich, R-Topeka, voted no on the bill, while all other Shawnee County members voted in favor. In the House, Reps. Jesse Borjon, R-Topeka, and Fred Patton, R-Topeka, joined all five Topeka-area Democrats in voting no, while Rep. Ken Corbet, R-Topeka, voted yes.