by Andrew Bahl, Topeka Capitol-Journal – June 19, 2023

At least one city in Kansas is examining the possibility of becoming a “sanctuary city” by opting not to enforce a looming state law that could have a massive impact on transgender Kansans.

The debate in Lawrence comes as left-leaning cities across the country are considering what steps they can take to protect transgender rights and rebuke anti-transgender laws being approved in scores of conservative states.

In Kansas, that effort has a sense of urgency, with Senate Bill 180 set to take effect beginning on July 1. The impacts of the sweeping law still remain unclear and officials in Lawrence say they are evaluating what steps, if any, the city can take.

Senate Bill 180 to take effect on July 1. Its impact could be far-reaching.

SB 180 strictly defines sex in state law using a person’s reproductive anatomy at birth, either male or female.

The bill has the impact of effectively counting transgender individuals for data collection purposes based on their sex assigned at birth, as well as requiring state agencies do the same. It also could restrict transgender individuals to using public facilities that align with their sex assigned at birth.

It has been slammed by activists as effectively erasing transgender Kansans and some trans individuals have already said they won’t comply with its provisions.

The proposal’s backers counter it does nothing more than ensuring a consistent definition of sex in state law and supporting cisgender women who use bathrooms, locker rooms, prisons and other facilities.

The page-and-a-half long measure is the first of its kind in the country and its full impact is largely unknown, something even supporters acknowledge. Supporters have said enforcement might not happen unless an individual broke other laws while using a bathroom or other facility that didn’t line up with their sex assigned at birth.

Even still, Douglas County District Attorney Suzanne Valdez said in a statement Friday that her office wouldn’t expend any resources in prosecuting individuals who may have violated the law, saying it would take resources away from handling more serious crimes.

“In today’s chaotic world where we should treat one another with dignity, understanding and compassion, the Kansas legislature chose to create a law that is senseless and, quite frankly, potentially dangerous to our trans community,” Valdez said.

Lawrence and others to consider becoming ‘sanctuary city’ for SB 180

Valdez’s statements come as Lawrence residents are pushing the city to consider passing a local ordinance to preclude enforcement of SB 180, establishing the city as a “sanctuary city” for transgender individuals in the mold of other cities, nationally and in Kansas, that have made similar moves with respect to immigration law enforcement.

Around three dozen individuals spoke in favor of such a move at a recent city commission meeting, the Lawrence Times reported.

Isaac Johnson, a member of No SB 180 in Lawrence, a local group that has emerged to oppose the bill, said in an interview that the effort was designed to force city officials to take a position on whether they will enforce the measure, one way or another.

While the city is unable to weigh in on some aspects of the law, such as a ban on a person changing their gender marker on drivers’ licenses or birth certificates, Johnson said a local ordinance would be an important statement nonetheless.

“The statement says, ‘Hey, we here in Lawrence, the people who live in Lawrence do not agree with this bill you passed,’” he said. “You’re supposed to be representing us and we disagree with the way you’re representing us.”

The city began evaluating SB 180 and its potential impact on Lawrence back in May, shortly after lawmakers overrode Gov. Laura Kelly’s veto of the proposal. Johnson said the city’s mayor, Lisa Larsen, and Lawrence Police Department officials have indicated they support his group’s efforts but have yet to commit to not enforcing the measure.

City Commissioner Amber Sellers said the law was “performative” and “insulting” to municipalities, saying it was effectively pre-empting local governments from taking action in support of transgender rights.

“It just leaves me speechless,” Sellers said. “These are not Kansas values, as I see them. It hurts.”

Options available to municipalities could be limited

In Missouri, Kansas City officials approved a resolution declaring the city a “safe haven” for transgender individuals, barring individuals from being prosecuted or penalized for seeking gender-affirming care in the wake of the state’s ban on those services for minors.

But the options available in Lawrence are less clear, Sellers said, pointing to the lack of an enforcement mechanism. Local officials were still evaluating the law and the city’s potential options, as well as meeting with activists to come up with ideas.

“We have to be careful not to put ourselves in harm’s way and put our community in harm’s way by enacting something that creates an unintended consequence for everyone,” Sellers said. “And that’s why we need to be careful about what language we use to craft this so that we don’t put a target on our back.”

Still, activists are expected to push for other cities, such as municipalities in Johnson County and Wichita, to take steps to oppose the bill.

Spencer Duncan, a lobbyist for the Kansas League of Municipalities, said his group won’t issue a formal policy on what local governments should do about SB 180 but will provide legal guidance as needed.

Andrew Bahl  Topeka Capital-Journal

At least one city in Kansas is examining the possibility of becoming a “sanctuary city” by opting not to enforce a looming state law that could have a massive impact on transgender Kansans.

The debate in Lawrence comes as left-leaning cities across the country are considering what steps they can take to protect transgender rights and rebuke anti-transgender laws being approved in scores of conservative states.

In Kansas, that effort has a sense of urgency, with Senate Bill 180 set to take effect beginning on July 1. The impacts of the sweeping law still remain unclear and officials in Lawrence say they are evaluating what steps, if any, the city can take.

Senate Bill 180 to take effect on July 1. Its impact could be far-reaching.

SB 180 strictly defines sex in state law using a person’s reproductive anatomy at birth, either male or female.

The bill has the impact of effectively counting transgender individuals for data collection purposes based on their sex assigned at birth, as well as requiring state agencies do the same. It also could restrict transgender individuals to using public facilities that align with their sex assigned at birth.

It has been slammed by activists as effectively erasing transgender Kansans and some trans individuals have already said they won’t comply with its provisions.

The proposal’s backers counter it does nothing more than ensuring a consistent definition of sex in state law and supporting cisgender women who use bathrooms, locker rooms, prisons and other facilities.

The page-and-a-half long measure is the first of its kind in the country and its full impact is largely unknown, something even supporters acknowledge. Supporters have said enforcement might not happen unless an individual broke other laws while using a bathroom or other facility that didn’t line up with their sex assigned at birth.

Even still, Douglas County District Attorney Suzanne Valdez said in a statement Friday that her office wouldn’t expend any resources in prosecuting individuals who may have violated the law, saying it would take resources away from handling more serious crimes.

“In today’s chaotic world where we should treat one another with dignity, understanding and compassion, the Kansas legislature chose to create a law that is senseless and, quite frankly, potentially dangerous to our trans community,” Valdez said.

Lawrence and others to consider becoming ‘sanctuary city’ for SB 180

Valdez’s statements come as Lawrence residents are pushing the city to consider passing a local ordinance to preclude enforcement of SB 180, establishing the city as a “sanctuary city” for transgender individuals in the mold of other cities, nationally and in Kansas, that have made similar moves with respect to immigration law enforcement.

Around three dozen individuals spoke in favor of such a move at a recent city commission meeting, the Lawrence Times reported.

Isaac Johnson, a member of No SB 180 in Lawrence, a local group that has emerged to oppose the bill, said in an interview that the effort was designed to force city officials to take a position on whether they will enforce the measure, one way or another.

While the city is unable to weigh in on some aspects of the law, such as a ban on a person changing their gender marker on drivers’ licenses or birth certificates, Johnson said a local ordinance would be an important statement nonetheless.

“The statement says, ‘Hey, we here in Lawrence, the people who live in Lawrence do not agree with this bill you passed,’” he said. “You’re supposed to be representing us and we disagree with the way you’re representing us.”

The city began evaluating SB 180 and its potential impact on Lawrence back in May, shortly after lawmakers overrode Gov. Laura Kelly’s veto of the proposal. Johnson said the city’s mayor, Lisa Larsen, and Lawrence Police Department officials have indicated they support his group’s efforts but have yet to commit to not enforcing the measure.

City Commissioner Amber Sellers said the law was “performative” and “insulting” to municipalities, saying it was effectively pre-empting local governments from taking action in support of transgender rights.

“It just leaves me speechless,” Sellers said. “These are not Kansas values, as I see them. It hurts.”

Options available to municipalities could be limited

In Missouri, Kansas City officials approved a resolution declaring the city a “safe haven” for transgender individuals, barring individuals from being prosecuted or penalized for seeking gender-affirming care in the wake of the state’s ban on those services for minors.

But the options available in Lawrence are less clear, Sellers said, pointing to the lack of an enforcement mechanism. Local officials were still evaluating the law and the city’s potential options, as well as meeting with activists to come up with ideas.

“We have to be careful not to put ourselves in harm’s way and put our community in harm’s way by enacting something that creates an unintended consequence for everyone,” Sellers said. “And that’s why we need to be careful about what language we use to craft this so that we don’t put a target on our back.”

Still, activists are expected to push for other cities, such as municipalities in Johnson County and Wichita, to take steps to oppose the bill.

Spencer Duncan, a lobbyist for the Kansas League of Municipalities, said his group won’t issue a formal policy on what local governments should do about SB 180 but will provide legal guidance as needed.

“We are going to have communities who probably do it (oppose SB 180),” Duncan said. “We are going to have others who absolutely will not want to do it. And great. That’s between them, their citizens, their elected officials, their government entities as to whether they want do that in their city.”

But Duncan, who also sits on the Topeka City Council, said there have been no discussions about a similar action in the capital city.

“There’s been no official or even brief conversations about it, I think,” he said. “And based on our history, my guess is there won’t be any time soon.”

Still, Johnson said he felt the activism in Lawrence could get the ball rolling for other municipalities.

“If we do it, then it can signal other people ‘You too can also do it,’” he said. “It’s just a matter of someone getting the movement started and everyone else follows.”