The Kansas House on Wednesday approved legislation that bans gender-affirming care for Kansas children, setting the bill on a path toward another confrontation with Democratic Gov. Laura Kelly, who has vetoed the measure previously.
The House voted 80-40 to approve the bill, similar to one that has been enacted in 23 other states and covers about 38% of all transgender teens from 13 to 17 years old across the country.
The vote came up four short of the 84 needed to override a veto from the governor, although four Republicans did not vote on Wednesday, including Owen Donohoe, who has been replaced by another conservative.
It was a 10-vote increase from last year when the bill passed 70-52 in the House. The bill now goes to the Senate, which only has to vote up or down on the bill before sending it to the governor for her signature – or an anticipated veto.
Last year, the Senate came up a vote short on a veto override.
Two states – Kentucky and Tennessee – have cases before the U.S. Supreme Court, which is being asked to decide whether similar laws enacted in those states violate the equal protection clause spelled out in the 14th Amendment.
Supporters of the bill said it would protect children from irreparable health care treatment to address underlying mental health issues that could be treated another way.
Opponents said the bill would harm transgender children in Kansas and would interfere with decisions made between parents, their children and their physician.
“I find it ironic that on Mental Health and Suicide Prevent Day at the Capitol, my colleagues across the aisle are determined to pass legislation that would continue to attack one of the smallest and most vulnerable demographics in the state,” said Democratic state Rep. Silas Miller of Wichita.
“The threat of banning gender-affirming care at any age causes severe stress, suffering and heartbreak for those in hope of a better future for LGBTQ individuals in this country,” Miller said.
Republican state Rep. Paul Waggoner of Hutchinson called the legislation a “good bill” and a “needed bill” that represented the “common sense approach” of Kansans.
“The opponents of this bill are disingenuous,” Waggoner said.
“One year ago they could not even define what a woman is. The voices that failed on that simple test have no standing to lecture us on Senate Bill 233,” he said.
“I vote for biological reality for the inherent goodness of our created bodies, male and female,” Waggoner said.
The bill calls for revocation of the license of a health care professional who violates the law.
It also creates a civil cause of action for parents whose child is treated in violation of the law to sue the health care provider within 10 years of when the child turns 18.
The bill also bans the use of state funds for performing gender-affirming care.
It also prohibit state employees whose duties include caring for children from providing or promoting the use of social transitioning, medication or surgery as a treatment for a child whose perceived gender is inconsistent with the child’s gender.
“If you don’t think that this targets transgender kids. It does. If you don’t think it takes away parents’ rights, it does. If you don’t think physicans are going to be very hesitant to practice in Kansas, they will,” said Democratic state Rep. Susan Ruiz of Shawnee.
“You’re asking mental health professionals, medical professionals to ignore a really small segment of our population and not provide treatment to them. That is unethical, and we should not be considering a bill like this,” Ruiz said.
Republican state Ron Bryce of Coffeyville said he has been skeptical of gender-affirming care, saying it didn’t sound feasible that by “destroying healthy tissues, healthy body parts, we could treat a mental illness.”
Bryce said he tried to give it the benefit of the doubt after hearing that it saved lives and it was the best treatment for gender-dysphoric children.
After doing his own research, Bryce said he concluded there was no reduced risk of suicide with transgender surgery, puberty blockers and opposite sex hormones.
Bryce said that studies have shown that 85% of children who are confused about their gender will grow out of it and accept their body by the time they reach adulthood.
“The vast, vast majority of these children who are not given these gender-affirming care treatments do outgrow it, so it speak,” he said.
Democratic state Rep. Nikki McDonald of Olathe said Republican lawmakers took a hypocritical approach to the legislation.
“As a new legislator, I have been disappointed in the contradictory language I often hear from my colleagues,” McDonald said during Tuesday’s floor debate.
“In one breath, my colleagues talk speak about parental rights, reminding us all that parents are the No. 1 decisions makers for their children,” she said.
“With the next breath lawmakers undermine the relationship between families and their medical providers, asserting that they as lawmakers know best when it comes to personal individualized health care decisions,” she said.
“This bill prevents parents from making decisions about their children’s medical care in consultation with their doctors,” she said.
Republican state Rep. David Buehler of Lansing said the bill did not target or discriminate against children with gender dysphoria.
“This bill recognizes that human development occurs from childhood through puberty and into adulthood,” he said.
“This bill protects kids and minors from medical intervention through preventing puberty blockers and gender reassignment surgery.
“This bill allows kids to physically mature and reach the age of majority when they can make these types of decisions as a mature adult for themselves.”
