The GOP-led Kansas House and Senate on Wednesday approved a “bathroom bill” targeting transgender people after House Democrats delayed passage by six hours, proposing multiple amendments to set the stage for a possible legal challenge.
House Majority Leader Chris Croft, an Overland Park Republican, called for emergency action to take the vote immediately after debating the bill instead of waiting a day as rules require. House Substitute for Senate Bill 244 passed on an 87-36 vote along party lines, with one Republican opposed.
The Senate concurred with the bill Wednesday evening, voting 30 to 9, also along party lines. The bill will go to Gov. Laura Kelly, who is expected to veto the legislation. It passed both chambers with the two-thirds majority needed to override a veto.
Democrats fought the bill’s passage in the House, basing their arguments on two primary concepts — that the bill was rushed through the legislative process, giving little time for public input, and that it is an inhumane attack on transgender people.
“This bill spits on basic human decency, and I’m embarrassed we had to spend the entire day trying to defeat this thing,” said Rep. Susan Ruiz, D-Shawnee.
Ruiz also said she believed the bill was targeted at a specific legislator, referring to Rep. Abi Boatman, a Wichita Democrat who is a transgender woman. Boatman was selected to fill a vacant seat in early January.
“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 at the close of debate. “From the bottom of my heart, I hope none of you have to ever sit through something like that.”
The legislation would require people to use the bathroom in government buildings that matches their biological sex at birth, rather than their gender, and requires governments to enforce the rule. Both the governmental body and individuals could face steep fines for violating the law.
The bill also requires that the sex listed on a driver’s license and birth certificate match the person’s biological sex at birth.
House Minority Leader Brandon Woodard, D-Lenexa, said in an interview after the House adjourned that the amendments and testimony presented by Democrats throughout the day “gave a lot of fodder” to Kansas courts to make a decision when the case is revived.
During debate, Democrats repeatedly referenced Kansas Attorney General Kris Kobach failed attempt in court to ban gender marker changes on driver’s licenses. Woodard said he didn’t think this bill would hold up in court, either.
“As long as Kris Kobach’s our attorney general, I think he’s going to continue to lose in court,” he said.
Emotional testimony
It was a long debate full of emotion, sometimes anger, often frustration. Several times legislators were accused of impugning another legislator, and loud exclamations resonated from both sides of the chamber, including emphatic shouts of “oh, baloney.”
Rep. Alexis Simmons, D-Topeka, said she hadn’t planned to talk about a personal trauma but felt compelled to speak up when she heard others testify about how difficult it would be for women who have been raped to share a bathroom with a man.
She referred to testimony by Rep. Charlotte Esau, R-Olathe, who said the bill protected the “silent” women who are unwilling to speak up about being assaulted and who need women-only spaces to feel safe.
“I’m a victim of a sexual assault and never once did I think it was somebody else’s responsibility to manage my trauma,” Simmons said. “I feel enormous sympathy for victims of trauma, that goes without saying, but I do not appreciate my trauma being used to justify legislation that we know will cause harm to people.”
Simmons said she felt more threatened by men than she had ever felt by a transgender person.
“Here in this building, as an intern, as a committee assistant, as staff and as a legislator, I have been sexually harassed more than you would believe,” she said. “If we’re going to talk about women’s safety, we should address the real trauma, which is how women are treated, not putting the spotlight on one new member of our Legislature.”
Rep. John Carmichael, D-Wichita, rejected claims made by Rep. Susan Humphries, R-Wichita, and Rep. Bob Lewis, R-Garden City, who argued the bill would protect women.
The bill instead will force transgender men, who live as and look like men, to use a woman’s restroom, Carmichael said.
“He is going to sit down at the stall next to your granddaughter,” Carmichael said. “Is that what you really want? Not only that, there are other facilities which have locker rooms or the like. That hairy-faced man will be standing naked, showering next to your daughter. That’s what this bill requires.”
Other legislators spoke about concerns that the bill would embolden people to attack transgender individuals.
Rabbi Moti Rieber, with Kansas Interfaith Action, watched all six hours of debate, his face often grim.
“This bill is a combination of a culture war-obsessed supermajority and a broken legislative process, using every process trick in the book to get unnecessary and harmful legislation into law with no public input,” he said.
Process problems
Throughout the day, Democrats pointed to process problems surrounding the bill. The Judiciary Committee revealed a hearing on House Bill 2426 with less than 24-hour notice. At a later hearing, the bathroom portion of the bill was added with no advance notice and no chance for public input.
Then, in a procedure referred to as “gut and go,” the committee dumped the contents of HB 2426 into Senate Bill 244, which allowed the Senate to simply concur without ever holding a hearing on the overwritten bill.
“Procedurally, it is the absolute worst bill I have ever heard in the Kansas Legislature,” said Rep. Dan Osman, D-Overland Park, who also serves on the Judiciary Committee. “It was done with one purpose and one purpose only — to ensure that the absolute least number of people were available as opponents to this bill and that they were unaware that there would even be a hearing.”
Additionally, there is no fiscal note — a formal notice provided by budget analysts and researchers about how much a bill will cost — for the bathroom provision. That means it is unclear how much local governments could have to pay to ensure they are complying with the law.
Rep. Kirk Haskins, D-Topeka, said he was upset about the rushed schedule and the lack of a fiscal note.
“It upsets me when we rush things through that deal with my constituents, and my constituents, they don’t get a say. That’s what happened here,” he said. “This is a trend. I don’t know what’s going on. Yesterday, we had committee meetings without information. We heard a bill, we didn’t have a proponent, just because we have the power to do it.”
Some legislators focused on details, such as how enforcement would be handled and what would happen if someone violated the bathroom restrictions. Humphries, the Wichita Republican who chairs the Judiciary Committee, said complaints would be made to the governing body if someone suspected a person was using a bathroom that didn’t match their sex at birth.
The bill outlines fines for individuals and also that governing bodies could be held accountable — to fines as high as $25,000 — if they don’t require people to use bathrooms as outlined.
In an interview after the House adjourned, Haskins said he would be comfortable seeing Boatman, as a transgender woman, in the men’s restroom at the Statehouse.
“I’m comfortable with anybody in the restroom,” he said. “I think the bill is based upon fearmongering on issues that are not critical to Kansas, and wherever she wants to go, Rep. Boatman, I’ve got her back.”
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Story via Kansas Reflector
PHOTO: House Majority Leader Chris Croft suspended rules to force an emergency vote immediately after the Jan. 28, 2026, House debate on a bathroom bill forcing people to use facilities aligned with their biological sex at birth. The move pushed the bill through immediately instead of waiting one day as is usually required. (Photo by Sherman Smith/Kansas Reflector)
