Senate Bill 150: Anti-trans bill draws pushback and calls to action around Kentucky

A bill that has passed through Kentucky's legislature taking aim at health and school policies regarding transgender youths has drawn reactions from across the state – including the threat of a legal challenge.

Senate Bill 150 was hurriedly approved Thursday by the state's Republican-supermajority legislature, with provisions that include allowing teachers to misgender trans students and preventing gender-affirming care for people under age 18. It's unlikely to be approved by Gov. Andy Beshear, a Democrat, but the legislature would have the opportunity to override a veto with another vote at the end of the session in late March.

The backlash from opponents, many based in Louisville, was swift.

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Louisville Mayor Craig Greenberg, a Democrat in his third month in office, derided the legislation as "unconscionable," describing it as one that "goes after children, their parents and the health care professionals they turn to for guidance and care" in a Twitter statement Thursday.

"The legislature needs to stop these attacks on our LGBTQ+ neighbors and their families, and focus on the real needs of Kentuckians," Greenberg wrote. "l also want the LGBTQ+ community to know that you are not alone in this. I share your anger and despair. This vote does not reflect the views of the majority of Kentuckians. We will keep fighting and ultimately we will win."

The ACLU of Kentucky is ready to fight, too. The nonprofit said it would challenge what it's called "the worst anti-trans bill in the nation" in court should it become law, with interim executive director Amber Duke describing it as "a desperate attempt to score political points by targeting people who simply want to live their lives."

"ACLU-KY policy strategists and attorneys will continue to analyze the final version of the bill," a Thursday statement from the group said. "If this unconstitutional measure becomes law, our legal team stands ready to see the commonwealth in court."

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Local school districts are paying attention as well. Jefferson County Public Schools spokesperson Carolyn Callahan said the district is reviewing the bill and has "concerns about any legislation that could harm marginalized student populations," while Bullitt County Schools Superintendent Jesse Bacon said his district would "work to implement the requirements of SB 150 in a manner that aligns with our district's Core Values ... and provides our students with the best opportunity to be successful."

"One of our top priorities will always be to do everything we can to ensure EVERY STUDENT feels safe, valued, supported, and loved," Bacon added in an email. "We believe this is foundational in creating an environment where all kids can reach their full potential and achieve important benchmarks for success. Strong and supportive parental/school relationships are key components of our strategy to achieve this goal."

Jefferson County Teachers Association President Brent McKim said the Louisville union is pushing for Beshear to issue a veto. But if the legislation becomes law, he said, the group will work to develop guidance for its members so they can be in compliance while also creating the "most safe and welcoming learning environment possible for all their students."

"One of the many problems with SB150 is that it leaves a great deal up to interpretation, which could create problems for innocent educators who are accused of violating provisions of the bill by individuals who interpret certain provisions of the law in a particular way," he added. "In situations like this, the association will provide all necessary legal and other services for our members who may become caught up in the ambiguities and problematic provisions in the bill."

Greater Louisville Inc., the city's chamber of commerce, voiced concerns that the bill "will be detrimental to our economic development efforts and diminish progress made to make Louisville an inclusive community.” Similar efforts in other states have had wide-ranging economic impacts – for example, after North Carolina legislators passed a law in 2016 that required citizens to use bathrooms that correspond with their biological gender, Forbes estimated the state's economy took a hit of more than $600 million in the first year alone. The law was taken off the books in 2020.

"We have worked with partners to oppose this legislation, and other discriminatory bills, over the past several years," a GLI statement said.

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The Archdiocese of Louisville is paying attention. In a statement, Archbishop Shelton Fabre said the bill "includes various provisions concerning complex issues."

"At this time, I want to affirm the respect and dignity that is due to every human person regardless of the circumstances of their lives," Fabre said.

Despite the backlash, the bill has some support in the commonwealth as well.

The Family Foundation, a state group that says it stands for Kentucky families and biblical values, called on Beshear to sign the bill into law, applauding its "strong protections for parental rights" and its aim to prevent children from receiving transition services and "age-inappropriate promotion of sexual orientation & gender identity topics."

David Walls, the group's executive director, said the bill "ensures commonsense prevails with student privacy protections in restrooms and locker rooms" and thanked the legislators who voted in favor of the bill and "took a bold stand for protecting Kentucky children."

Albert Mohler, president of Louisville's Southern Baptist Theological Seminary, said the provisions in the bill should make sense to "the vast majority of Kentuckians and certainly the Kentucky Baptist and evangelical Christians." School teachers shouldn't be put in a position of "having to rewrite human identity" by using students' preferred pronouns, he said, and limits on gender-affirming treatment for minors "make sense."

Reporters Krista Johnson and Ana Rocío Álvarez Bríñez contributed. Reach The Courier Journal's breaking news team at lounews@courier-journal.com.

This article originally appeared on Louisville Courier Journal: Kentucky Senate Bill 150 anti-trans policies could draw ACLU lawsuit