UPDATED: House and Senate approve ‘Bathroom bill’

Bill is now on desk of Gov. Laura Kelly

The full House will hear Sub Bill for SB 244 on Wednesday, Jan. 28, 2026.

Bill would require people to use facility matching their biological sex at birth

The Kansas House and Senate on Wednesday, Jan. 28, approved a “bathroom bill” requiring anyone using a multi-occupancy bathroom in government-owned buildings, including schools, to use the facility that matches their biological sex at birth.

The bill is now on the desk of Gov. Laura Kelly.

Two days after House Substitute for Senate Bill 244 passed out of the House Committee on Judiciary, the House passed emergency action Wednesday to take a vote after debating the bill rather than waiting a day like rules require. House Democrats delayed passage of the bill by more than six hours by proposing multiple amendments.

Early Wednesday evening, House Substitute for SB 244 passed 87-36, sending it to the Senate, which concurred with the bill with a vote 30 to 9.

The bill passed both chambers with the two-thirds majority needed to override a veto.

Gut and go

The House Committee on Judiciary on Monday, Jan. 26, voted to rework House Bill 2426, which would require Kansas drivers to use their biological sex at birth on their driver’s licenses and birth certificates. Garden City Rep. Bob Lewis authored the bathroom amendment shortly after the committee began working on HB 2426.

In a procedural “gut and go,” the committee moved both the driver’s license and restroom provisions into Senate Bill 244, and it became House Substitute for Senate Bill 244. It went to the full House on Wednesday, Jan. 28, for consideration.

Typically, the legislative process includes public hearings on bills, giving Kansans — both supporters and opponents — the opportunity to weigh in. That didn’t happen with the “bathroom bill” language.

The bill

House Substitute for SB 244 would require Kansas government buildings to designate multi-occupancy private spaces, such as restrooms, locker rooms and changing rooms, as either male or female. Individuals would have to visit the facility that matches their biological sex at birth.

Criminal and civil penalties for violations could be imposed. Government entities that fail to comply would face civil penalties of $25,000 for a first violation and $125,000 for subsequent violations. Individuals who enter spaces designated for the opposite sex could receive written warnings for a first offense, $1,000 fines for a second offense, and misdemeanor charges for third or subsequent violations. The bill also provides a civil cause of action for monetary damages and attorney fees against violators by individuals harmed or aggrieved by the invasion of privacy.

The bill includes exceptions for allowing people to enter opposite-sex spaces for custodial work, maintenance, medical emergencies, assisting someone who needs help, law enforcement purposes, or safety threats. Coaching and athletic training may also enter during athletic events provided they ensure no individual of the opposite sex is in a state of undress prior to entering. Originally the bill stated children under 12 may also enter opposite-sex spaces when accompanied by a caregiver. However, amendments have lowered that age to 9.

The legislation also mandates that any driver's license or birth certificate issued before July 1, 2026, that lists a sex or gender designation inconsistent with the person's biological sex at birth will be invalidated. State agencies must correct their records and reissue documents with the biological sex designation.

Ann Marie Bush can be reached by email at ann.bush@knea.org.