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Republican lawmakers want to take away drivers licenses from trans people in Kansas with new bill
Kansas Republicans are trying to take away currently valid driver’s licenses from transgender people in the state if they have corrected the gender marker on them in a new bill that has also been expanded – under a sneaky maneuver that allows changes to a bill without a public hearing – to be one of the “most extreme” bathroom bills in the nation.
H.B. 2426 was already very anti-trans. It defines “gender” under the law in terms of “chromosomes,… hormones, gonads and nonambiguous internal and external genitalia present at birth” and says that driver’s licenses can only have someone’s sex assigned at birth on it. The bill instructs the state government to invalidate all driver’s licenses that do not have a gender marker on them that reflects a person’s sex assigned at birth and to reissue new driver’s licenses.
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But state Republican lawmakers expanded the bill last week, adding a strict anti-trans bathroom ban to a bill already seeking to ban trans Kansanians from changing the gender markers on their driver’s licenses.
The legislators used a state procedure called gut-and-go, which allows lawmakers to completely replace an existing bill’s language with pretty much anything they want while bypassing a public hearing.
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Even before the addition of the bathroom amendment, Kansas lawmakers were already trying to push the bill through with as little public input as possible.
Republicans introduced the gender marker aspect of the bill with less than 24 hours’ notice before a public hearing. But residents nonetheless rose to the occasion, submitting hundreds of testimonies opposing the bill.
“You had a bill introduced one day at 3:58 p.m., it was scheduled for a hearing the next day, less than 24 hours notice,” state House minority leader Brandon Woodard (D) told the Topeka Capital-Journal. “Testimony had to be submitted by 10 a.m., and yet Kansans cobbled together hundreds of pieces of testimony that we were still able to print and submit.”
Republicans, Woodard said, “do those sorts of things in an attempt to shield. They know that the public’s not on the side with them. That’s not civil. When we delivered those pieces of testimony, the committee assistant said, ‘Oh my goodness, this is going to take me days and days to upload.’ I said, ‘Next time, the chair should consider giving people and Kansans a couple of days notice.'”
After all that, the Republicans weren’t done. Democrats are enraged over the addition of the bathroom amendment, proposed by State Rep. Bob Lewis (R). “We all thought that this bill was probably a bathroom bill, and now it’s showing its true colors,” state Rep. John Carmichael (D) told the Kansas Reflector.
“What this bill is about, with this amendment, is making it so that people who are transgender or people who are intersex have no safe place to go to the bathroom.”
“This is an attempt to obfuscate what we’re doing here,” Carmichael added. “If you’re in favor of a lack of transparency, if you’re in favor of taking bill numbers and playing them like a shell game, this is the amendment for you.”
Lewis claimed the amendment was “for privacy concerns and for public safety concerns.”
“I think this is a necessary bill,” he told the Capital-Journal.
Trans journalist Erin Reed called the bill “the most extreme anti-transgender measure in the United States,” explaining that it could punish trans people who use the bathroom that does not align with their sex assigned at birth with a misdemeanor with possible jail time.
But what “turbocharges it,” she said, is a provision allowing individual people to sue trans people for using the bathroom they deem “incorrect.”
“Critically, nothing in the provision limits its application to publicly owned buildings,” Reed explained. “As written, it would not only be the first bathroom bounty law to target transgender people directly, but also the first to extend a bathroom ban into private spaces—effectively creating the nation’s first private bathroom ban if enacted by empowering bounty hunters to search for trans people in bathrooms.”
Reed said she confirmed with multiple legal experts and lawmakers that, despite the bill appearing to only target public spaces, it would also apply to private bathrooms.
The bill is supported by Kansas Attorney General Kris Kobach (R). Republicans have made it a major priority and are trying to pass it as quickly as possible. Democratic Kansas Gov. Laura Kelly will likely veto it if it makes it to her desk.
“If passed,” Reed said, “what follows would be the bill’s most consequential test: an effort to override that veto in a Legislature where Republicans currently hold a veto-proof majority, but where some may view the bill as too extreme. For transgender people in the state, that effort may be the most consequential in years.”
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