Kansas Becomes 1st State To Pass Law Defining Gender As A Person’s Sex At Birth
Kansas has passed a bill that defines gender and restricts access to intimate spaces such as bathrooms and locker rooms based on biological sex. This move makes Kansas the first state to adopt such a definition. The legislation, called the "Women’s Bill of Rights," also separates inmates and restricts participation in sports according to sex at birth.
Under this new bill, a person is defined as female if their biological reproductive system can produce ova. In contrast, a person is male if their biological reproductive system can fertilize ova. The bill also defines gender-specific words and calls for "woman" and "girl" to refer to biological females, while "man" and "boy" are to refer to biological males. The definition of "mother" refers to the parent of the female sex, while "father" refers to the parent of the male sex.
Kansas Governor Laura Kelly had previously vetoed the bill on April 20, citing concerns that it could lead to costly lawsuits, a loss of federal funding, and harm to the state's economy. However, the state legislature voted to override her veto on April 27, with support from both Republicans and Democrats.
The Women's Liberation Front (WOLF), a women's rights organization that helped craft the legislation, praised the veto override as a "victory" on Twitter. The group stated that the bill takes "procedural steps to write into law common sense definitions that ensure the meaning of words like 'woman' and 'mother' aren't corrupted by unelected bureaucrats intent on pushing gender ideology." They claimed to have sent over 600 messages to Kansas lawmakers in support of the bill.
However, the bill has also faced criticism from those who see it as anti-trans and reminiscent of racial segregation. Opponents have argued that the bill violates women's rights and causes harm. They claim that there is no sufficient way to define what makes a woman, and that gender is not binary but exists on a spectrum of biological, mental, and emotional traits. They also argue that intersex people exist and should be recognized.
The bill does include a provision that recognizes intersex individuals and provides them with legal protections. Despite this, opposition to the bill came from a variety of groups, including the Kansas School Superintendents' Association, the United School Administrators of Kansas, and Kansas Legal Services. State Representative John Alcala criticized the bill at a public hearing, saying that it echoes the same kind of discrimination that led to racial segregation in the 1960s.