In only three weeks, it seems as if the world has been flipped upside down. Certainly, we trans people and our allies have understood that we are under attack and have been under attack for quite some time, but that does not necessarily make it any easier to endure the nonstop blows we’ve borne since 2025 started.
So much has happened recently that it’s been challenging to keep you actively updated since it changes by the minute. On Thursday, we shared a brief update on SB 63. In this post, we’ll be doing a much more in-depth dive into all the legislation we’ve seen, what it means, and what to look forward to.
This will be a long post, so please feel free to jump around using the table of contents. Our goal is to help you all be as informed as possible so that we can continue our fight.
Table of Contents
Urgent Actions | Other Anti-Trans Bills | Executive Orders
Other Kansas Bills | What Comes Next | Words of Hope
Urgent Actions
HCR 5008
On February 3, 2025 at 3:30 PM, the House Committee on Judiciary will be discussing House Concurrent Resolution (HCR) 5008.
What’s wrong with HCR 5008?
HCR 5008 is a proposed amendment to the Kansas Constitution. If passed, the policies of state agencies will be subject to legislative control.
It can be challenging to see why this bill is dangerous without knowledge of how agency policy normally works. To demonstrate, let’s take a look at anti- and pro-trans & queer policies in Kansas. Of the five anti-trans and four more broadly anti-queer policies in Kansas, eight out of nine were instituted by the Kansas legislature while one was the result of an executive order by former Governor Sam Brownback. This includes a ban on same-sex marriage in both the law and the Kansas Consitution.
Of the six pro-trans & queer policies in Kansas, all but one are the result of agency policy. For instance, the Kansas Human Rights Commission (KHRC) clarified in 2020 that it views LGBTQ+ individuals – cis and trans – as classed protected by Title VII, an anti-discrimination subchapter of the Civil Rights Act.
However, the KHRC is part of the executive branch of the Kansas government. If HCR 5008 becomes enshrined in the Kansas Constitution, then agencies like the KHRC will not be allowed to set any policy that the legislature does not agree with.
This is where it is also worth mentioning that Republicans have controlled the Kansas House since 1993 and the Kansas Senate since 1917. While we encourage refraining from partisan thinking and rather judging and criticizing both parties on their own merits and flaws, it is also unfortunately true that Kansas Republicans overwhelmingly support anti-queer policies.
We should understand HCR 5008, then, as an attempt by Kansas Republicans to strangle any opposition by stripping the executive branch of power. Democrats are far more likely to win the Governor position instead of the legislative majority, as we can see demonstrated by Laura Kelly and the current Kansas legislature.
Given that Kelly’s administration frequently diverts from the demands of the legislature, particularly when it comes to issues like trans rights and abortion, we should be highly alarmed by this bill.
What can we do about it?
The House Committee on Judiciary is currently accepting testimony both for and against the bill. You must submit your testimony no later than 10 AM on Monday, February 3.
Here are the steps to submitting a testimony:
- Click on this link to fill out a required form.
- You may notice that the form states that testimony must be turned in two days before the hearing. We did receive confirmation from the committee that they are allowing testimony to be turned in later than normal due to the short notice provided about the hearing.
- Send the form and your testimony to h.judiciary@house.ks.gov.
- In the email subject line, write: OPP, HCR5008, [Your Last Name], 2.3.25.
If you want to testify in person, you must also submit 15 hard copies to the Committee Assistant by 10 AM on February 3. Sometimes, the office assistants of legislators will print out and/or deliver testimonies for you.
Testimony Tips
For this testimony, make sure you are emphasizing elements like how unconstitutional and inefficient this bill is. For instance, it is unconstitutional because it limits the power of the executive branch and undermines the will of the people who voted for the governor; it is inefficient because it burdens the legislature to constantly update policies instead of trusting agencies to do it.
What happens next?
If it passed the committee, then HCR 5008 will be voted on by the House. If it passes the House, it goes to the Senate. If the Senate passes it, it is then up to Kansans to vote on it. This is the same concept as when Kansans Voted No to protect abortion in 2022.
So don’t worry that this will become a law. If it gets as far as a referendum, then we launch our Vote No campaign.
SB 63
In under two weeks, SB 63 went from an introduced bill to an engrossed one. That means that, as of Thursday, the bill is at Governor Kelly’s desk. She will most likely veto it by Friday, February 7.
Our expectation: the Senate and House will probably attempt to override the veto on Monday, February 10. We have about a week to reach out to our legislators and tell them to Vote No on overriding the veto.
Who should I contact?
Every Republican – with the exception of Representative Mark Schreiber – voted for SB 63. Likewise, every Democrat – with the exception of Senator David Haley – voted against it.
To stop the Senate from overriding it, we would have to convince 5 out of 32 to change their votes. While you are more than welcome to reach out to your Senators, the voting record of the Senate Republicans does not bode well.
However, we would only need to convince 4 Representatives out of 87 to Vote No.
Click here to find a list of representatives to contact.
You can find more information about that on the Kansas Legislature’s House Roster page, which you can access through this link.
What about HB 2071?
Since it is identical to SB 63, it’s essentially on the backburner. The reason for introducing identical bills in both chambers is so that, if one were to die or be killed, the other could take its place. So, if something stops SB 63, count on HB 2071 making a reappearance in some way.
Other Anti-Trans Bills
SB 16
SB 16 is what we call an anti-ESG bill. ESG stands for environmental, social, and governance. It refers to a conscious decision to invest money in companies that promote specific viewpoints or practices.
In the case of SB 16, this bill would prohibit companies that provide financial services from refusing to invest in companies that are anti-trans. It would also require these service providers to inform their clients of when they are investing in a company that is engaged in an “ideological boycott” – for instance, if a company that they are investing in is boycotting another company or government policy for being anti-trans.
This bill was introduced on January 21 by Senator Michael Murphy and has not yet been scheduled for a hearing. It is a low-priority bill.
SB 76
SB 76 seeks to ban any school or college employee from using a student’s chosen name or pronouns without explicit, written permission from their parent or guardian. Additionally, employees and students that refuse to use a student’s chosen name or pronouns are protected from any disciplinary actions.
Essentially, what this means is that all employees at all Kansas schools and colleges may only use a trans student’s name and pronouns if their guardian(s) consent to it. Even worse, employees and other students can choose to disregard this, even if permission is granted – and they can’t be punished for it.
If an employee is caught using a trans student’s chosen name or pronouns without guardian consent, then the guardian has the grounds to sue the employee.
The bill was introduced on January 27 by Senator Renee Erickson and referred to committee on January 28. So far, a hearing has not yet been scheduled.
This is a high-priority bill. We will keep you updated on its status.
SB 78
SB 78 seeks to target college accreditation agencies. While this is not explicitly connected to trans people, it must be understood as an anti-trans bill.
For example, let’s pretend that SB 76 becomes law. The University of Kansas, as a Kansas college, would have to follow the law. KU is accredited by the Higher Learning Commission (HLC).
Let’s say that KU takes action against a professor for using a student’s chosen name and pronouns without permission from their guardian. In response, HLC views this as a violation of ethical conduct and revokes KU’s accreditation.
What SB 78 does, then, is provide KU the grounds to sue HLC. If this sounds confusing, don’t worry – the way this would actually be implemented is questionable.
SB 78 was introduced on January 27 by Senator Renee Erickson and referred to committee on January 28. Again, no hearing has been scheduled yet.
This is a mid-priority bill. We will keep you updated on its status.
Executive Orders
A week and a half ago, we had shared a summary of Trump’s Executive Order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Since then, he has signed three more anti-trans EOs. We’ll go through each one, what it means, and any updates that have occurred since they were signed.
Defending Women from Gender Ideology Extremism…
Updates
Passports
There has been a lot of talk about the state of passports. Unfortunately, much of this is unsubstantiated. Because this policy is so new, it is understandable that there is confusion about how it’s actually being implemented.
What we do know:
- The X marker on the passport has been removed.
- If you currently have an X marker, there is a chance you will not be allowed to leave or enter the country as long as your passport has an X on it.
- You can no longer apply to change your gender marker specifically.
- However, if you have not yet had a passport registered under a new legal name and have documentation showing the gender marker that matches your gender identity, then you could be able to apply for a new passport with the correct information.
- For example, let’s say that you were born Jane Doe. You had a passport as Jane Doe. In the past few years, you changed your name to John Smith and your gender marker to M on your birth certificate and driver’s license. You can just apply for a new passport as John Smith with an M in that instance as opposed to renewing your Jane Doe passport.
Overall, though, if you do not need to immediately get a new passport or renew a current passport, it’s not a bad idea to refrain from doing so for at least a few more weeks. Some people have reported that their personal identification has been seized. Make whatever decision that feels best for your situation.
Federal Prisons
On January 30, a US District Judge blocked a federal prison from revoking a trans woman’s healthcare and moving her to a men’s prison. While this does not mean that all trans women in federal prisons are safe, what it does do is protect this specific trans woman and create a court case that could revoke the policy set by Trump’s EO.
Prioritizing Military Excellence and Readiness
On January 27, Trump once again banned trans people from the US military. Per this executive order, trans people are no longer to enlist in the military nor serve as active service members. Additionally, those assigned male at birth must use he/him pronouns and only use male facilities, while those assigned female at birth must use she/her pronouns and only use female facilities.
The EO does not address trans veterans and their benefits.
Updates
GLAD Law and the National Center for Lesbian Rights have filed a lawsuit against this EO on the same day it was signed.
Protecting Children from Chemical and Surgical Mutilation
On January 28, Trump signed an executive order that attacked trans youth and their healthcare.
What It Does
- Bans all federal funds to medical institutions, agencies, and departments that research or provide gender-affirming care for minors. This is extremely serious. For instance, a major metropolitan hospital that serves millions every year could lose the bulk of its funding because of a single trans youth that receives hormone therapy through it.
- Prohibits government-funded insurance from covering gender-affirming healthcare for minors. Both Medicare and Medicaid are no longer allowed to pay for it as well as TRICARE and any healthcare coverage that federal employees receive.
- Creates the means to criminalize surgeries done on trans boys specifically and force trans youth to live with abusive parents. The EO calls for the Department of Justice to work with all 50 state Attorney Generals and Congress to pass laws that prosecute healthcare providers who work with trans boys. Additionally, it threatens to charge states that remove trans youth from abusive households with kidnapping.
- Potentially promotes state-sanctioned conversion therapy. The Department of Health and Human Services (HHS) is required to publish a review on “best practices” for dealing with trans youth. Despite the fact that the evidence largely suggests that taking a child’s gender identity seriously is the best practice, it is likely that the HHS will be pressured to take a stance against any sort of gender-affirming care for youth – both physical and mental.
- Removes anti-discrimination protections from the Affordable Care Act (ACA). Section 1557 of the ACA protects multiple classes of people from discrimination by providers who receive federal funding. Thus, healthcare providers are now permitted to refuse to treat a trans youth seeking gender-affirming care.
- Rescinds confidentiality for trans youth and protects “whistleblowers.” Essentially, if an employee at a healthcare center wants to go to the media and accuse their workplace of “mutilating children,” that person now has the right to do so without being punished. Additionally, the HHS is no longer explicitly obligated to protect the medical information of trans youth.
- Censors the International Classification of Diseases (ICD-11) and the Diagnostic and Statistical Manual (DSM-V-TR). In our interpretation, this would mean that a diagnosis of gender dysphoria as provided by the ICD or DSM would not permit any sort of treatment to address it.
Things to Note
- While this EO applies to all trans youth, the EO opens by talking about the “tragedy” of “never be[ing] able to conceive children of their own or nurture their children through breastfeeding.” The continued fixation on trans youth assigned female at birth specifically and the horror expressed by transphobes at the idea of them not becoming mothers reflects how deeply ingrained patriarchy is within our culture. Children and gender minorities are valued purely on our ability to reproduce and are denied autonomy again and again.
- The EO defines “child” as anyone under 19 years old. This is highly concerning.
- The World Professional Association for Transgender Health (WPATH) – the leading international authority on trans healthcare – is rejected altogether in this EO.
Updates
Currently, there are no major updates regarding this EO. A number of hospitals have announced that they will be discontinuing gender-affirming care for all individuals under 19 years old. However, it is possible that some institutions have publicly or quietly decided not to adhere to this policy.
Ending Radical Indoctrination in K-12 Schooling
On January 29, Trump signed an EO that targets the representation and protection of marginalized groups within the American education system.
Although this EO forefronts transness as the primary issue to combat in schools, it also very much attacks people of color and women. It labels any critique of the United States as discriminatory towards members of majority populations. Additionally, it seeks to limit any kind of discussion of the United States as inherently racist or misogynistic and frames such discussion as anti-historical.
What It Does
- Ends federal funding for schools that maintain any sort of progressive line. Schools that are accepting of trans students or teach about racism and misogyny in the United States will be penalized.
- Prohibits teacher education, training, and certification from discussing social justice issues. If a program that produces teachers discusses race, sex, or gender identity, it will lose federal funding.
- Bolsters parents’ ability to abuse their children and punish schools. This EO mandates that state educational agencies must ensure that parents have complete access to their children’s records and school curriculum. Thus, a trans child could not have a private file at school listing their chosen name and pronouns; their parents will have access to it.
- Creates the means to criminalize school employees that support trans students. It calls upon the state attorney generals and local district attorneys to punish school employees for using a trans student’s name and pronouns, recognizing their gender identity, or allowing them to use sex-segregated facilities of their choosing.
Things to Note
- This EO calls upon the Secretary of Defense to work alongside the Secretary of Education and the Secretary of HHS. We are not quite sure what to make of this yet, but it does raise some concern.
- School employees who accept and support trans students are labeled as sexually exploitive per the language of this EO.
- The federal government generally does not have the power to enforce policies within public schools — that is normally left up to the state and local governments. The ability to enforce this is questionable.
Updates
Multiple school districts across the country have indicated that they will not comply with the EO. You can read Erin Reed’s brief article about these schools here.
Other Kansas Bills
If you are curious about other bills in the Kansas legislature that may deserve your attention, here is a list of bills. You can click on the titles with the arrow next to them to see the relevant bills.
The Good
Abortion, Health, & Disability
- SB 126 – Allows physician assistants licensed in Kansas to serve in other states via a licensure compact. This compact also allows PAs licensed in other states to serve in Kansas.
- HB 2069 – Another compact bill, but this time for school psychologists.
- HB 2100 – Establishes protocol for pharmacists to provide PEP to people exposed to HIV.
- HB 2144 – Establishes supported-decision making agreements for disabled Kansans to have more control over their lives.
- HB 2180 – Expands library service to those who are blind or visually impaired.
Education
Housing, Income, & Welfare
The Bad
Abortion, Health, & Disability
Education
Housing, Income, & Welfare
Immigration
Other
- SB 120 and HB 2160 – Protects whistleblowers for reporting unlawful conduct within city and county governments and agencies. These bills are questionable considering the anti-trans policies that are going through the legislature.
- HB 2165 – Decreases accountability and transparency of state agencies.
What Comes Next
Trans Kansans are under attack from both the state and federal level. The fact that Trump has signed these EOs into existence does not mean that our Kansas legislators will stop introducing anti-trans bills. The tactic Trump is employing has very real consequences, but is also a tactic that is purposely theatrical to demonstrate his commitment to fulfilling political promises and his strength as a leader.
Executive orders are subject to the same checks and balances as anything else. The chances that a federal judge will block parts of his orders at the very least is likely. Additionally, any president that comes after him can revoke his orders in the same way that Trump has revoked multiple orders from Biden.
Because of this, there is an imperative at the state level to enshrine anti-trans policies in the statutes. Repealing an executive order is ultimately easier than repealing an entire law passed by the legislature.
Immediate Actions
- Submit testimony for HCR 5008 and watch its progression.
- Tell Governor Kelly to veto SB 63 and start reaching out to your legislators to encourage them to protect that veto. Once again, here is our veto list.
- Make plans in the event that these bills become laws. This is not just for trans youth, but is very much for professionals who will be directly impacted by these laws.
- Figure out who you can contact that will help you sue if these bills become laws that cause harm to you. In the past, the ACLU, Lambda Legal, and Transgender Law Center have been a few orgs that do this work.
What if they become law?
Resist them. We have already seen various institutions around the country refuse to capitulate to Trump’s demands. Laws are not enforced by a nebulous police state that constantly surveils you but by individuals and institutions who are watching and reporting.
Resist in whatever way makes the most sense to you. Be smart and be safe. Know the law, know your rights, and know the consequences. But don’t let them scare you. It may seem cliche to say that there is power in numbers, but we must not forget this.
Words of Hope
These are very frightening and uncertain times that we live in. The immense gains that trans people have gained in the US over the past decade have resulted in an even more intense backlash. They target us because we are one of the smallest minorities. It’s easy to attack a group that couldn’t ever possibly fight back.
However, what we’ve learned this past week isn’t that trans people are helpless. What we’ve learned is that trans people are fierce and resilient and that there are more cis people than we realize who are willing to take a stand for us. We saw the Kansas legislature resort to anti-democratic tactics because the backlash to these bills is intense and quick.
Right now, it is as if we are on a little fishing boat in the ocean. We had some trouble for a while, but soon we finally started catching fish. Our fishing was suddenly cut short when a huge storm rolled in. We are powerless to stop the rain or the wind or the rolling waves. All we can do is make sure that everyone on board is safe and alive and that we have a plan in place for if the boat capsizes.
But here’s the thing: the storm will come to an end. We don’t know if it’ll end in five minutes or five hours. But it will end. And maybe at the end of it we’re more beat up than before, we may have some cuts and bruises and our boat needs some repairs, but we made it through, nonetheless. We can continue fishing and return back home.
The main request we have of you is to simply live. We need you to exist and we need you to form and foster community. They can take away our healthcare, give us the wrong documentation, fire us, refuse us services, kick us out of activities and organizations run by the state, but they will never, ever be able to take away who we are and the love we share with other people. They despise that truth.
We must all continue learning more about politics and history so that we can better organize ourselves politically. We must also continue having fun and building community with the people who care about us. A life worth living isn’t dictated by how long it is or how much you succeeded at meeting societal expectations. A life worth living is one that makes you fulfilled. A life worth living is one that inspires others to seek that fulfillment as well.
Trans Lawrence Coalition 
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