Kansas House fails to override vetoes on transgender athletes ban, parents' bill of rights

Efforts to enact a ban on transgender athletes in women's sports failed in the Kansas House on Thursday, with lawmakers unable once again to override the veto of Gov. Laura Kelly.

And legislators also couldn't achieve the two-thirds support needed to approve a so-called parents' bill of rights, which would provide parents greater access to curriculum materials in schools.

The move came after days of speculation regarding the bill's fate and a successful override vote in the Kansas Senate on Tuesday.

The likelihood of success for both bills was in doubt, however, with numerous Republican defectors when the House voted to send the proposals to Kelly last month.

Still, the issues are unlikely to go away, with advocates for both proposals vowing to make them a campaign issue in both the gubernatorial race and legislative elections.

For second straight year, transgender athletes ban falls short

For the second year in a row, the governor vetoed the transgender athletes ban, raising concerns about the impact such a policy would have on transgender youths in Kansas and arguing it would be bad for the state's business climate.

Related: Kansas governor vetoes ban on transgender athletes in women's sports for second year in a row

And, much like 2021, a cadre of Republican opponents sunk the chances of overturning the veto, this year in the House.

The vote comes days after a House member, Rep. Cheryl Helmer, R-Mulvane, sent an email to a constituent saying she was uncomfortable sharing a restroom with a transgender colleague, Rep. Stephanie Byers, D-Wichita.

"Now, personally I do not appreciate the huge transgender female who is now in our restrooms in the Capitol," Helmer wrote in the April 23 message. "It is quite uncomforting. I have asked the men if they would like a woman in their restroom and they freaked out."

Byers directly referenced the events in a speech on the House floor.

"If the events of this week do not indicate that this is not about athletics, I'm not sure what does," she said.

The bill itself has been condemned by LGBT advocates and their allies as an attack on transgender youth. Tom Witt, executive director of Equality Kansas, said he did not believe Helmer's email changed any member's vote but that it did put the debate into stark relief.

"I think the people who were opposed to this bill on both sides of the aisle knew all along that it was that kind of bigotry that was driving this bill," Witt told reporters. "Hearing that quiet part out loud wasn't going to change their minds one way or another."

Proponents of the measure argue it creates a level playing field in sports, pointing to biological differences between male and female athletes.

Rep. Barb Wasinger, R-Hays, said she "was sorry" about those who are transgender or suffered from gender dysphoria, where an individual wishes to change their sex.

But she said this was "a mental health issue" and should be divorced from the bill at hand.

"This bill is about discrimination, bullying and exclusion but it is about the discrimination, bullying and exclusion of young women wanting to play sports," Wasinger said.

Supporters vowed to target GOP lawmakers who opposed the bill, with Brittany Jones, a lobbyist for Kansas Family Voice, saying "this isn't over."

"Several members who claim to be Republicans show they don't have kids' interests at heart," she told reporters.

But Rep. Mark Schreiber, R-Emporia, who joined three other Republicans in opposing the bill, said he was unconcerned about having to defend his vote.

He argued the issue should be the purview of the Kansas State High School Activities Association.

"They're the ones who design fairness in competitive sports," he said. "If we're talking about fairness, they set the guidelines for that. They have policies on transgender athletes and if those need revising, they should do it."

Legislators fall short in overturning parents' bill of rights veto

A fight to enact the parents' bill of rights was a tougher prospect, with the House needing to gain 17 votes in order to reach the two-thirds supermajority required to override Kelly's veto.

Related: Kansas Gov. Laura Kelly rejects ‘parents bill of rights’ amid school curriculum debate

They instead fell well short of that number, with 13 Republicans joining all Democrats in voting to sustain the veto.

Legislators could technically move to reconsider the vote, essentially granting themselves a redo, either later Thursday or when legislators next return to Topeka.

The version sent to Kelly's desk was less prescriptive than another measure considered. Its language is mostly aspirational and gives some flexibility to local districts to implement its provisions.

The measure has been fiercely opposed by educators as overly burdensome amid a national debate over curriculum in schools as other states have enacted similar laws.

"What this bill has done is brought this conversation to Kansas," Rep. Valdenia Winn, D-Kansas City, said. "There is a big problem, if you accept this ploy, that children are being brainwashed and there are these nefarious things going on in schools. It is not happening."

The bill would require school districts to develop policies allowing parents to be informed of what is being taught in their child's classroom and letting them examine lesson plans, examinations, textbooks and other course materials.

Moreover, parents could also object to activities or materials that violate "their firmly held beliefs, values or principles" and lodge a complaint over books in the school library.

More: Shawnee Heights among Kansas school districts divided on debate to ban 'inappropriate' library books

Even though lawmakers were unable to override Kelly's veto, Republicans predicted the issue would play a major role in the gubernatorial election in November.

Kelly's likely opponent, Attorney General Derek Schmidt, and conservative groups have already used the issue in advertisements and public statements.

"I know she has some high paid consultants," Rep. Steve Huebert, R-Valley Center, said. "She needs to get some because this issue is going to play out."

Jones said that extended to both the transgender athletes issue and curriculum alike.

"I hear it from parents all the time," she said. "Same with girls' sports, thinking it is a common sense, almost 'duh' issue. They don't understand how anyone could be opposed for that."

Andrew Bahl is a senior statehouse reporter for the Topeka Capital-Journal. He can be reached at abahl@gannett.com or by phone at 443-979-6100.

This article originally appeared on Topeka Capital-Journal: Kansas lawmakers fall short on trans athletes ban, curriculum bill