Notwithstanding any provision of state law to the contrary, distinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and other areas where biology, safety or privacy are implicated that result in separate accommodations are substantially related to the important governmental objectives of protecting the health, safety and privacy of individuals in such circumstances.
SB also directs public schools and other state entities to identify individuals based on their sex at birth:. Any school district, or public school thereof, and any state agency, department or office or political subdivision that collects vital statistics for the purpose of complying with anti-discrimination laws or for the purpose of gathering accurate public health, crime, economic or other data shall identify each individual who is part of the collected data set as either male or female at birth.
While recognizing separate accommodations based on sex, the measure does not direct individuals which accommodations to use, or prohibit individuals from using their preferred accommodation based on their gender identity. Notably, the measure also does not provide a private right of action, create a crime, or impose penalties for noncompliance. It remains to be seen how this new law will be administered, and what impact it will have on the daily lives of Kansans, who retain any applicable federal protections afforded by the Supremacy Clause of the U.
Ogletree Deakins will continue to monitor legislation similar to SB in other states and will post updates on the State Developments blog as additional information becomes available. May 4, By Stacy M. Bunck and Kelly S. Quick Hits SB does not direct individuals which accommodations to use, or prohibit individuals from using their preferred accommodation based on their gender identity.
All individuals retain protections granted under the U. The measure recognizes separate accommodations based on sex, as defined below: Notwithstanding any provision of state law to the contrary, distinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and other areas where biology, safety or privacy are implicated that result in separate accommodations are substantially related to the important governmental objectives of protecting the health, safety and privacy of individuals in such circumstances.
