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The Kansas law banning transgender athletes is on solid legal ground after national ruling

(Photo by Carlos Moreno, KCUR Radio)
Carlos Moreno
/
KCUR 89.3
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The Supreme Court ruled 6-3 Tuesday that states can ban transgender athletes from participating in sports. That secures the status of a law in Kansas banning transgender athletes from girls’ and women’s sports.

The Supreme Court’s decision upholding bans on transgender athletes in girls' and women’s sports likely protects a Kansas law from future legal challenges.

The decision directly affects Idaho and West Virginia and indirectly in 25 other states — including Kansas — that currently have similar laws on the books for transgender athletes. Kansas bans transgender athletes in girls' and women's sports in public schools and colleges.

This impacts transgender Kansans by setting a nationwide legal precedent that is expected to make it more difficult to challenge similar laws already in effect.

After the ruling, Republican Kansas Attorney General Kris Kobach said this decision confirmed what his office had argued.

“It hurts female athletes if biological males are allowed to compete in the same events,” Kobach said. “It’s also against the law.”

He also called the ruling a common sense decision.

The barrage of laws has transgender Kansan Adam Kellogg wondering one thing.

“Where does it end?” Kellogg said. “It terrifies me.”

Kellogg said laws targeting transgender people continue to push them out of the public eye.

With the Supreme Court decision and the current Kansas laws, transgender Kansans must conform to their sex assigned at birth to participate in sports, go to a bathroom in government buildings and drive.

Kellogg providing testimony for the Kansas State Legislature in 2023. Adam has spoken in front of the legislature multiple times about trans healthcare and other trans rights issues.
Photo Courtesy Adam Kellogg
Adam Kellogg speaking at the Kansas Legislature in 2023. Kellogg has spoken in front of the Legislature multiple times about trans healthcare and other trans rights issues.

Kobach announced earlier this month that the state's legal challenge to the Biden administration's Title IX rule ended in victory after courts blocked and ultimately invalidated the rule.

Legislators passed a law earlier this year that requires transgender people to use bathrooms in government-owned buildings based on their sex assigned at birth.

The law — currently being challenged in court — also requires state-issued driver's licenses and birth certificates to list that same sex rather than gender identity.

Despite those policies, Kellogg hopes for a brighter future for transgender Kansans.

“Hopefully soon,” he said. “And it ends with us standing together.”

The Kansas News Service is a collaboration of Kansas Public Radio, KCUR, KMUW and High Plains Public Radio.

Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.