Kansas GOP Faces Setback as Attempt to Override Veto on Gender-Affirming Care Ban Falls Short

TOPEKA, Kan. (AP) — Despite fervent efforts from Republican legislators in Kansas, Monday marked a significant setback as their attempt to override the Democratic governor’s veto of a proposed ban on gender-affirming care for transgender minors fell short. The vote stood at 82-43 in the state House, just two votes shy of the crucial two-thirds majority needed to reverse Gov. Laura Kelly’s veto.

Notably, two Republicans who initially supported the bill chose to vote against overriding the veto. They cited concerns regarding specific provisions, including one that would have prohibited state employees from advocating social transitioning for transgender youth. This provision raised questions about its broad application, particularly concerning public school teachers who show empathy towards transgender students.

The Senate had previously voted 27-13 to override the veto, meeting the exact two-thirds majority required in that chamber. However, the House’s failure to do so highlighted the contentious nature of the issue and the complexity of the proposed legislation.

The bill in question aimed to enact a ban on gender-affirming care for minors while also preventing state employees from advocating for social transitioning for transgender youth. Social transitioning, as defined in the bill, encompasses "the changing of an individual’s preferred pronouns or manner of dress." Notably, the legislation lacked clarity on what actions would constitute advocating for social transitioning.

This development in Kansas reflects a broader trend of Republican-led efforts to roll back transgender rights across various state legislatures in the United States. If enacted, Kansas would become the 25th state to implement restrictions or bans on gender-affirming care for minors. Concurrently, the South Carolina Senate is anticipated to debate a similar measure this week, following its passage in the state House.

In today’s societal landscape, the perceived threat lies within what Senator Mark Steffen, a Republican and anesthesiologist from central Kansas, dubs as a 'woke healthcare system'," remarked Steffen, echoing sentiments shared by GOP counterparts nationwide. At the heart of their argument is the assertion that they are safeguarding gender-questioning youth from what they deem as experimental and potentially detrimental healthcare practices. However, this stance places them in direct opposition to established medical bodies like the American Medical Association and the American Academy of Pediatrics.

Dissent against the proposed legislation extends beyond medical circles. LGBTQ+ advocacy organizations such as Lambda Legal, the ACLU, and Equality Kansas, while refraining from outright legal challenges, voice concerns over the infringement of free speech rights posed by provisions preventing state employees from endorsing social transitioning. They contend that such measures make Kansas' legislation more far-reaching compared to counterparts in other states.

Critics further argue that implementing such bans sends a chilling message, suggesting that transgender individuals are unwelcome in Kansas. Governor Kelly, upon vetoing a similar bill last year, warned of its potential adverse impact on the state's economic climate, emphasizing the importance of projecting a welcoming image to all Americans.

Estimates by the Williams Institute, a research center at UCLA Law focusing on LGBTQ+ issues, suggest that approximately 300,000 youths aged 13 to 17 identify as transgender in the U.S., with around 2,100 in that age group residing in Kansas.

Kansas Republicans have pursued a series of measures in recent years curtailing transgender rights, including laws restricting transgender participation in sports and denying legal recognition of transgender individuals' gender identities. This has resulted in practical challenges for transgender residents, such as the inability to update gender markers on official documents.

Amidst the legislative debates, voices like Issac Johnson's, a transgender individual who recently completed a social work internship in Topeka's public schools, highlight the personal impact of such policies. Johnson's experience underscores the genuine fears and frustrations faced by transgender individuals in navigating societal and legislative landscapes that often overlook their well-being and happiness.

Transgender youth, along with parents of transgender children and numerous medical and mental health professionals, vehemently advocate for gender-affirming care, describing it as life-saving and instrumental in mitigating severe depression and suicidal tendencies among transgender youth. Over 200 healthcare providers underscored their opposition to a veto override by signing a letter to lawmakers.

During Monday's Senate debate, Democratic Minority Leader Dinah Sykes delivered an impassioned plea, her voice wavering, as she voiced her opposition to the bill, affirming acceptance and admiration for transgender residents: "We accept you and we cherish you." She urged her colleagues to demonstrate grace and kindness in their decision-making.

However, proponents of the bill continuously referenced a recent decision by the National Health Service of England to cease coverage of puberty blockers as routine treatment for gender dysphoria in minors. Citing a nearly 400-page report, NHS England highlighted the lack of substantial evidence regarding the long-term effects and efficacy of gender-affirming care. The review's leader noted, "This is an area of remarkably weak evidence.

Kansas Senate Health Committee Chair Beverly Gossage, a Republican from the Kansas City area, rallied her colleagues, asserting that they stand on the right side of history. Supporters of the bill emphasized that many constituents harbor strong reservations about medical interventions for children grappling with their gender identities.

The proposed ban would mandate the revocation of medical licenses for any doctor found in violation, and it would prohibit gender-affirming care on state property or for recipients of state funding. Kansas' Medicaid program, which offers health coverage for low-income and disabled residents, would also be barred from covering gender-affirming care.

In a significant legal development, a federal appeals court ruled on Monday, likely paving the way for a Supreme Court case, that West Virginia and North Carolina's refusal to cover certain healthcare for transgender individuals with government-sponsored insurance constitutes discrimination.

Republican state Representative John Eplee, a family physician from northeastern Kansas, defended the bill's language, asserting that it aims to prevent state entities and employees from promoting the use of alternative pronouns and advocating for gender transition.

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