Kansas GOP Bill Authorizes Genital Exams of Schoolchildren, Critics Say

The Kansas state legislature has passed a ban on transgender students participating in female categories in school and college sports, after overriding a veto by the state's Democratic governor.

Laura Kelly had rejected the bill, dubbed the Fairness in Women's Sport Act, on March 17, as well as two previous attempts at similar legislation. Republican lawmakers who introduced the legislation suggested that it would be enforced during a physical examination, which critics have taken to mean a "genital inspection."

Transgender rights in sports and in female spaces are proving to be deeply polarizing issues. Some say transgender women should be treated like other women, while others say they are different and that hard-won women's rights must be protected.

In the U.S., a 2022 survey by the Pew Research Center found that 38 percent of Americans believe society had gone too far in accepting transgender people, while 36 percent said it had not gone far enough.

HB 2238 was enacted into law on Wednesday after Republicans in the state legislature overrode the veto by 84 to 40 in the House and 28 to 12 in the Senate.

The law, which will take effect on July 1, prohibits biologically male students from participating as women or girls in sports, either in teams or female categories. However, it allows for mixed teams and for female students to participate in men's sporting events.

A statement by House leadership, provided by House Majority Leader Chris Croft, said the law "protects the rights of female athletes in the state," adding that GOP lawmakers "proudly stand with the female athletes across Kansas in their pursuit of athletic awards, opportunities, and scholarships."

When vetoing the bill, Kelly had said: "Let's be clear about what this bill is all about—politics. It won't help any kids read or write," instead claiming it would: "Harm the mental health of our students." She noted that other Republican governors had vetoed similar bills.

While some studies suggest that poor mental health among transgender people is linked to feelings of unhappiness with their physical appearance, others have indicated the rise in young people exhibiting gender dysphoria might be in part a product of wider mental health issues.

During a February session on the bill in February, Republican Representative Barbara Wasinger, who introduced the legislation, was asked how the law would be enforced.

According to Buzzfeed, she said it would happen during a student's "sports physical." When queried by opposition lawmakers on whether this amounted to a genital inspection, she reportedly said she couldn't recall.

"Forced genital inspections. Of CHILDREN," Mallory McMorrow, Michigan's Democratic state Senate Majority Whip, reacted on Wednesday. "The Republicans who claim to care about protecting children voted for forced genital inspections of children because they're afraid a trans kid might want to play on a team with their friends."

Meanwhile, Davis Hammet, president of youth voter registration organization Loud Light, described it as "a very dark and disturbing day."

Newsweek contacted Wasinger and Croft via email for comment on Thursday.

In a March 2 Instagram post, Wasinger argued men had "biological advantages" over females that made competing against them "not fair." A 2017 study found that there was "no direct or consistent research suggesting transgender female individuals (or male individuals) have an athletic advantage."

Wasinger also said the bill "ensures we're not moving backwards on 50 years of advances for female athletes."

The Kansas legislation is among a raft of bills across several U.S. states looking to limit transgender rights and inclusion, which have led to fierce protests from trans activists.

Republican state legislators are working to pass legislation that would limit gender-affirming care for children and young people. According to the Trans Legislation Tracker, there are 492 bills actively being considered in states across the U.S. that would limit access to transgender healthcare or greater legal recognition. Twenty-six bills have so far been passed.