Transgender Bathroom Bill Introduced In Kansas: Lawmaker Wants Chromosomes To Determine Who Uses School Bathrooms

A bill defining who can use public school bathrooms was introduced in the Kansas legislature on Thursday, making the state the latest to enter a contentious national debate about transgender bathroom use. Republican state Rep. John Whitmer introduced HB 2171, which would require all multiple-occupancy bathrooms in Kansas schools to be used by only male or female students, and would require students use the bathroom corresponding to their sex determined by "chromosomes" and anatomy at birth.

The bill says that students may request alternative changing and bathroom facilities from schools if they provide written parental consent. However, those alternative arrangements cannot include "access to student restrooms, locker rooms or shower rooms designated for use by students of the opposite sex while students of the opposite sex are present or could be present," the bill said.

Whitmer said the bill was a response to guidelines published by Department of Education in 2016 that said schools should "not treat a transgender student differently from the way it treats other students of the same gender identity." The DOE noted at the time that those guidelines did not change the law, but were offering guidance on how schools can make sure they stay compliant with Title IX requirements.

“We’re pushing back against the White House, the previous White House, that felt the need to force their directive on the entire country that said you have to allow transgender students bathrooms, locker rooms and overnight accommodations,” Whitmer told the Wichita Eagle. “Derby High School chose to embrace that policy. Every other school in my district didn’t. They make a reasonable accommodation.”

The bill would also force the attorney general to investigate complaints from parents or students that weren't immediately resolved by schools. A previous version of Whitmer's bill said people who saw an infraction could file lawsuits against schools seeking $2,500 for each incident. That provision was dropped from the bill submitted Thursday, which Whitmer called a compromise.

The Kansas bill would be the 12th bill restricting access to bathrooms submitted or pre-filed by state legislatures in 2017, according to a tally by the National Conference of State Legislatures. The most famous example of bathroom use legislation was North Carolina's HB2 bill, which required all people, not just students, to use the bathroom that corresponded to their sex at birth. The bill was signed in 2016 by Republican Gov. Pat McCrory, who subsequently lost his re-election bid to Democrat Roy Cooper. Cooper campaigned on repealing the bill, which cost the state $630 million in revenue from reduced tourism, canceled events and lost investment, according to a Fortune analysis.