Kansas bathroom bill is costly gamesmanship. Tell your reps to knock it off | Opinion
As a lifelong registered Republican and former member of the Kansas House of Representatives, I know firsthand how bipartisan cooperation and public input can address real problems with thoughtful solutions. Public policy should be rooted in fairness, clarity and enforceability. When legislation is driven by national narratives and political gamesmanship on either side of the aisle, elected officials risk becoming what we long claimed to oppose: politicians more interested in scoring points than in good governance.
A bill Gov. Laura Kelly vetoed Friday afternoon is the result of this gamesmanship playing out in Topeka.
Setup: Senate Bill 244 says each public building owned or leased by a government entity must label “multiple-occupancy private spaces” (the bill’s term for multiperson restrooms, locker rooms, changing rooms and shower rooms) for use by only one sex. Governments must take “every reasonable step” to keep people out of the space labeled for the opposite sex.
And if they don’t? They face an initial fine of $25,000, plus private lawsuits. Individuals could face penalties starting at $1,000.
That’s not government efficiency. That’s government intimidation.
Player exceptions: Supporters of the bill want Kansans to believe this is about protecting women, but let’s be honest: this isn’t about protecting women. It’s about policing people. S.B. 244 isn’t aimed at everyday Kansans doing everyday things. It’s aimed at Kansans who look different from what the Legislature deems acceptable.
And lawmakers refuse to answer the most obvious question: Who exactly is supposed to enforce this? Are city employees supposed to play bouncer? Will teachers and librarians be pressured to monitor bathrooms? What about a woman with chin hair or men with extra pounds on top?
Rules of the game: Transparency is the first rule of the social contract between elected officials and constituents. Legislative procedure is designed specifically so that legislators are required to show their work at multiple points in the process. Hiding it in procedural trickery erodes that relationship — and for good reason.
Gameplay moves right: In this case, a House committee took a Senate bill on bail bonds, gutted the contents, replaced them with unrelated language and sent it to the House for a vote. The House called for an emergency vote to send the bill to the Senate and skip the normal overnight waiting period. This would have allowed coalitions to inform advocates and rally support or opposition. The same day, the Senate agreed with the “gut-and-go” changes the House made and voted to send the bill directly to the governor.
Do not pass go: Here’s the reality: They don’t want to hear from you. They think they know what’s best for you and don’t need to hear otherwise. Especially if you disagree — it makes them uncomfortable.
It takes no work to listen to voices that agree with you. The real work is in seeking, listening — and hearing — voices different from yours.
Pass your turn: Local governments will have to spend money on new signs, renovations and legal compliance — or risk lawsuits and fines.
When egregious penalties are levied against your city, and your property taxes rise, Topeka lawmakers will say, “Local governments can’t stop spending!”
It’s a classic bait-and-switch. They force the cost onto you — then blame government for the bill.
Game over: Despite the governor’s veto, the culture war-focused Republican supermajorities in both chambers will likely vote to override that veto. I wish they cared half as much about adequate funding for special education as they do the sign on the bathroom door.
How to win: Contact your state representative and senator and ask them to sustain the veto on S.B. 244. Kansans should demand leaders who govern, not rig the game.
Garden City native Stephanie Sharp represented Lenexa and Shawnee in the Kansas House of Representatives for three terms.