The Republican-led House and Senate overrode Gov. Laura Kelly’s veto to enact House Substitute for Senate Bill 244, mandating sex designation at birth for public facilities and state-issued identification.
By yourNEWS Media Newsroom
Kansas lawmakers voted Feb. 18, 2026, to override Democratic Gov. Laura Kelly’s veto of House Substitute for Senate Bill 244, enacting into law new requirements that define sex at birth for purposes of public restroom access and state identification documents.
The Republican-controlled Senate voted 31-9 to override the veto, followed by an 87-37 vote in the House, surpassing the two-thirds threshold required to enact the measure without the governor’s approval. Gov. Kelly had vetoed the bill on Feb. 13, 2026, describing it as “poorly drafted” and warning it would have “numerous and significant consequences.”
Under the newly enacted statute, restroom use in state government buildings, public schools and state universities is restricted to an individual’s sex assigned at birth. Government agencies must designate multi-occupancy restrooms as either male or female, eliminating gender-neutral bathrooms in state facilities.
The law also requires that driver’s licenses and birth certificates reflect biological sex at birth rather than gender identity. Any prior changes to those documents based on self-declared gender identity are subject to reversal under the statute. Penalties for violations include warnings for a first offense, $1,000 fines for second violations and misdemeanor charges for repeated infractions.
House Speaker Dan Hawkins, R-Wichita, defended the override, stating during debate that “clarity and reality” should prevail and emphasizing that women’s privacy and safety in restrooms and locker rooms must be protected.
Sen. Kellie Warren, R-Leawood, also spoke in support of the measure, questioning why a man should be legally permitted in a women’s restroom.
Civil liberties groups quickly criticized the legislation. The ACLU of Kansas called the law intrusive and discriminatory, arguing it invites gender policing and places transgender residents at risk.
“This bill is about forcing people into the wrong bathrooms and opening up all Kansans to scrutiny and gender policing by strangers,” said Logan DeMond, ACLU of Kansas Policy Director.
“Bathroom bans are grounded in prejudice and misinformation, and they don’t actually make anyone safer. Transgender people are already vulnerable to violence, especially in restrooms, and this bill layers prospective physical violence on top of the existing privacy violation of forced changes to identification documents. Transgender Kansas should have protection and dignity in our state instead of persecution. But rather than addressing the real problems everyday Kansans face and trying to make people’s lives better, politicians continue to focus their lawmaking powers on a minority, bending the very rules in the statehouse to do so.”
Micah Kubic, ACLU of Kansas Executive Director, said, “This bill is exactly the kind of politicized, governmental overreach that the Kansas Constitution seeks to protect us against. When Attorney General Kobach failed to see his extremist interpretation of a vague law accepted by the Courts last year, he ran to the legislature to try and to have another go at undermining constitutionally protected rights. We are disappointed to see a policy adopted that is based on misinformation against our trans and intersex family and friends, intruding into the most private corners of our lives.”
Human Rights Campaign President Kelley Robinson also issued a statement after lawmakers acted, saying, “Instead of meeting the needs of their constituents, Kansas lawmakers have prioritized cruelty. As one of their first acts, they forced through this ‘bathroom bounty’ bill under the cover of night and then overrode the governor just days later, denying LGBTQ+ Kansans and their allies an opportunity to even speak in defense of their dignity.
“Forcing people into the wrong bathrooms, stripping them of accurate IDs, and allowing government-sanctioned harassment doesn’t make anyone safer — it targets transgender Kansans for no reason and will undoubtedly impact many others who are targeted with animus whether or not they are transgender. Meanwhile leaders ignore real challenges facing families. This was sadly politics over people, but we will keep fighting for dignity and freedom for all LGBTQ+ people.”
Gov. Kelly responded to the override in a statement posted to her office’s website, reiterating concerns she raised in her earlier veto statement.
“As I said in my veto statement, this is a poorly drafted bill with significant, far-reaching consequences.
“Not only will this bill keep brothers from visiting sisters’ dorms and husbands from wives’ shared hospital rooms, it will cost Kansas taxpayers millions of dollars to comply with this very vague legislation.
“It is nothing short of ridiculous that the Legislature is forcing the entire state, every city and town, every school district, every public university to spend taxpayer money on a manufactured problem. Kansans elected them to focus on education, job creation, housing, and grocery costs.”
The legislative action was highlighted in a social media post by Eric Daugherty on Feb. 18, 2026, summarizing the override and the bill’s provisions.
With the override complete, House Substitute for Senate Bill 244 is now law in Kansas, setting up potential legal challenges as advocacy groups evaluate next steps.
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