Schmidt signals ban on transgender athletes in women’s sports will be early priority
Kansas Attorney General Derek Schmidt, the Republican nominee for governor, will make a ban on transgender athletes competing in women and girls’ sports an early priority if elected, saying Thursday he would push for the Legislature to pass it within the first 100 days of taking office.
Lawmakers have passed the ban, called the Fairness in Women’s Sports Act by supporters, twice in the past two years. Democratic Gov. Laura Kelly, who Schmidt will face in the Nov. 8 election, vetoed the measure both times.
The legislation has sharply divided lawmakers, with opponents warning it will increase bullying of transgender children. They say it amounts to a solution in search of a problem, pointing to policies already put in place by the Kansas State High School Activities Association and the NCAA.
But proponents, including Schmidt, maintain a state law is necessary to preserve a level playing field within youth and collegiate sports. They contend transgender athletes hold a competitive advantage over cisgender women, whose gender identity matches the gender they were assigned at birth.
Although Schmidt has already said he supports the bill, his campaign on Thursday decided to elevate the issue as he competes against Kelly and state Sen. Dennis Pyle, a former Republican who is running a campaign from the right critical of both of the major party candidates.
Schmidt held a news conference in Johnson County to attack the governor over her past vetoes. Kelly won nearly 55% of the vote in 2018 in Johnson County, the state’s most populous.
To make his point, Schmidt appeared with Riley Gaines, a former University of Kentucky swimmer who has criticized the NCAA’s decision to allow Lia Thomas, a transgender swimmer for the University of Pennsylvania, to compete in Division I women’s swimming events.
“Our governor, Laura Kelly, has been telling Kansans for months that she’s in the middle of the road,” Schmidt said. “My friends, this is not a middle of the road issue. On this issue and so many others, Laura Kelly is out of the mainstream. So it’s an extreme view that is not shared by most Kansans.”
Kelly campaign spokesperson Lauren Fitzgerald said in a statement that the governor “knows divisive policies are bad for our kids, families and business community.”
“We’ve seen divisive laws like this, time and again, threaten the strides we’ve made in recent years making Kansas a constructive place to attract and retain new businesses and families. Governor Kelly is focused on pro-business policies to help grow the Kansas economy, strengthen the workforce, and make Kansas the best place to put down roots,” Fitzgerald said.
After Kelly vetoed the measure in April, the Republican-controlled Kansas House and Senate attempted to override the veto. The Senate voted to override but the vote in the House was 81-41, three short of the needed two-thirds supermajority.
The continued push for the legislation comes amid a national effort to pass similar bills, with measures introduced in dozens of states. Schmidt’s event also came a day after the announcement that the Geary County School District will pay $95,000 to settle a lawsuit brought by a former middle school teacher who said she was disciplined for refusing to use a student’s preferred pronouns.
Opponents of the bill described Schmidt’s call to revive it as hurtful. Schmidt held his news conference at the Johnson County Republican Party Headquarters in Overland Park, which is located within the district of state Rep. Heather Meyer, a Democrat who has a transgender child.
Meyer made clear the issue is personal for her, saying that she had discussed sports participation with her child’s school.
“Bills like this are just going to hurt people. Our job is not to hurt people. Our job is to help people, period, and protect them,” Meyer said.
Tom Witt, director of Equality Kansas, the state’s leading LGBT rights group, noted that youth suicide prevention is actually one of Schmidt’s responsibilities as attorney general. His office includes a youth suicide prevention coordinator.
“Instead of helping these kids, he’s out saying things and pushing legislation that is going to drive even more of them to hurt themselves and take their own lives,” Witt said.
Republican supporters of the bill have cast the legislation itself as aiding mental health. “That is a mental health issue,” Rep. Barbara Wasinger, a Hays Republican, said this spring. “I feel greatly and deeply for these young people and all people that are confused.”
Asked Thursday about whether the legislation risks increasing bullying of young children, Schmidt said the bill is “common sense” and about fairness to women and girl athletes “of all ages.”
Gaines then asked rhetorically where the line should be drawn.
“At a young age, this is something young girls don’t have to worry about,” Gaines said.
The legislation passed this year and vetoed by Kelly would have applied to elementary and middle school sports, as well as high school and college.
The Associated Press contributed reporting
This story was originally published September 1, 2022 at 2:18 PM.
