Kansas recently became the latest state to pass legislation to restrict transgender individuals’ access to bathrooms and other private spaces in government-owned buildings. The legislation highlights legal questions over sex-segregated spaces in workplaces, as federal lawmakers consider national legislation in line with the Trump administration’s view that gender and sex are binary and immutable and legal challenges to Trump’s executive orders continue.

• The Kansas Legislature passed legislation restricting transgender individuals’ access to bathrooms and other multi-occupancy private spaces (such as locker rooms) in public buildings to their biological sex at birth, imposing potential civil and criminal penalties for violations.
• The legislation mandates drivers’ licenses and birth certificates reflect biological sex designated at birth.
• The legislation allows individuals to sue for damages if their privacy is violated by someone of the opposite sex entering designated single-sex spaces in government buildings.
• The move aligns Kansas with multiple other states where similar restrictions are being considered or have been enacted, along with proposed federal legislation.

On January 28, 2025, the Kansas Legislature passed House Substitute for Senate Bill (SB) 244, after being fast-tracked and appearing to bypass public hearings and opportunities for public input. There appears to be enough votes in the Republican-led legislature to override Democratic Governor Laura Kelly’...

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