Kansas bill to limit gender-affirming care for transgender minors dies after failed veto override

TOPEKA, Kan. (AP) — A proposed ban on gender-affirming care for transgender minors in Kansas died Monday when two Republicans switched their votes and prevented the Republican-controlled Legislature from overriding the Democratic governor's veto of the measure.

The Kansas House voted 82-43 to overturn Gov. Laura Kelly's veto of a bill that also would have barred state employees who work with children from promoting social transitioning for kids who question or struggle with their gender identities. But supporters were two votes short of the necessary two-thirds majority.

Republicans who backed the bill argued that a ban would protect vulnerable children from what they described as experimental health care that could create long-term health issues. It would not only have banned surgeries for minors but also puberty blockers and hormone treatments. The Senate voted Monday morning 27-13 to override Kelly’s veto, the exact margin supporters needed there.

Since Kelly vetoed the bill earlier this month, its critics have focused on the provision aimed at keeping state workers from advocating for social transitioning, which under the bill included “the changing of an individual’s preferred pronouns or manner of dress." LGBTQ+ rights advocates said it made Kansas' proposed ban more sweeping than other states' laws.

“I can breathe,” Iridescent Riffel, a transgender LGBTQ+ rights activist who worked against the bill, said in an interview after the House vote. “I'm relieved. I know many other families in Kansas are,” the 27-year old from from northeastern Kansas said.

LGBTQ+ rights advocates questioned whether the provision on social transitioning was written broadly enough to apply to public school teachers who show empathy for transgender students. GOP backers rejected that argument, but the bill didn't spell out what constitutes promoting social transitioning.

“I think the fear is the point,” Taryn Jones, vice chair of the LGBTQ+ rights group Equality Kansas said after the House vote. “The people in those professions would be too afraid to do anything that they weren’t supposed to.”

About 300,000 youths ages 13 to 17 identify as transgender in the U.S., according to estimates by the Williams Institute, an LGBTQ+ research center at UCLA Law. It estimates that in Kansas, about 2,100 youths in that age group identify as transgender.

At least 200 Kansas health care providers signed a letter to lawmakers opposing a veto override. Transgender youth and parents of transgender children described gender-affirming care as life-saving and argued that it lessens severe depression and suicidal tendencies. The care also has been endorsed by the American Medical Association, the American Academy of Pediatrics and other major U.S. medical groups.

Republican state Reps. Jesse Borjon, of Topeka, and Susan Concannon, from rural north-central Kansas, said parts of the bill were too vague for them to vote to override Kelly's veto after both voted for the measure last month.

The bill would have given providers until the end of the year to phase out puberty blockers and hormone treatments for existing patients, but Borjon said he was bothered by how the bill wouldn't have allowed those patients to continue their care after that.

In a brief speech explaining her “no” vote, Concannon told fellow House members, “These decisions belong between the team of professionals and the parents.”

“The youth need our help, not government overreach,” she added. “To all who have reached out, I hear you.”

The Kansas measure was part of a broader push to roll back transgender rights from Republican lawmakers in statehouses across the U.S. Kansas would have been the 25th state to restrict or ban such care for minors, and this week, the South Carolina Senate expected to debate a similar measure that already has passed the state House.

Supporters of the Kansas bill repeatedly cited the recent decision of the National Health Service of England to stop covering puberty blockers as a routine treatment for gender dysphoria in minors.

“Unfortunately, in today’s society, the predator in particular is a woke health care system,” said Republican state Sen. Mark Steffen, a central Kansas anesthesiologist and pain management specialist.

Republican lawmakers in Kansas last year enacted laws barring transgender girls and women from female college and K-12 sports teams and ending legal recognition of transgender residents’ gender identities. Transgender residents no longer can change the listing for “sex” on their driver’s licenses or birth certificates to match their gender identities, something Kelly’s administration had allowed.

The Legislature also approved a gender-affirming care ban last year, but Kelly vetoed it, and GOP supporters didn't have enough votes in either chamber to override her action. But support built this year as most previously skeptical Republicans came aboard.

Kansas Senate Health Committee Chair Beverly Gossage, a Kansas City-area Republican, told her colleagues: “We’re on the right side of history on this.”

State Rep. John Eplee, a northeastern Kansas family physician and one-time skeptic of the ban, said people are seeing children start to transition to a gender other than the one assigned at birth “more and more and more.”

“It’s time Kansas said, ‘Enough. We're going to take a break from this,’” Eplee said during the House's debate Monday.

Democrats in both chambers pushed back against such arguments, and in the Senate, Democratic Leader Dinah Sykes urged her colleagues "to show grace and kindness.”

Jenna Bellemere, a 21-year-old transgender University of Kansas student, said after the House vote that she's been frustrated by the efforts to roll back transgender rights and worries that people are becoming “desensitized” to attacks on the transgender community.

“I feel like we should be able to expect better.”

Small transgender rights flags sit on the desk in the Kansas House chamber for Rep. Allison Hougland, D-Olathe, during a break in the House's daylong session, Monday, April 29, 2024, at the Statehouse in Topeka, Kan. Hougland, other Democrats, and a few Republicans have prevented the GOP-controlled Legislature from overriding Democratic Gov. Laura Kelly's veto of a proposed ban on gender-affirming care for transgender minors. (AP Photo/John Hanna)

Kansas state Rep. Jesse Borjon, R-Topeka, speaks on his phone at his desk in the House chamber during a break in the House's daylong session, Monday, April 29, 2024, at the Statehouse in Topeka, Kan. Borjon has switched from voting for a proposed ban on gender-affirming care for minors to voting against overriding Democratic Gov. Laura Kelly's veto of the measure. (AP Photo/John Hanna)

Kansas Senate Minority Leader Dinah Sykes, D-Lenexa, speaks against overriding Democratic Gov. Laura Kelly's veto of a proposed ban on gender-affirming care for minors. Sykes argues that the ban would deny transgender children crucial care that helps lessen severe depression and suicidal tendencies. (AP Photo/John Hanna)

Kansas state Sen. Tom Holland, D-Baldwin City, speaks against overriding Democratic Gov. Laura Kelly's veto of a proposed ban on gender-affirming care for minors, Monday, April 29, 2024, at the Statehouse in Topeka, Kan. Holland suggested that the ban would send a message that Kansas is not welcoming. (AP Photo/John Hanna)

Lobbyists Brittany Jones, left, of the conservative group Kansas Family Voice, and Lucrecia Nold, right, of the Kansas Catholic Conference, watch from the Senate's west gallery as members debate overriding a proposed ban on gender-affirming care for minors, Monday, April 29, 2024, at the Statehouse in Topeka, Kan. Both of their organizations support a ban. (AP Photo/John Hanna)

Isaac Johnson, who just completed an internship with Topeka's public schools and is finishing work on a social work degree, talks to reporters during a news conference, Thursday, April 26, 2024, in front of a mural at the Statehouse in Topeka, Kan. Johnson, who is transgender, worries about the effects of a proposed ban on gender-affirming care for minors, which also would bar state employees from promoting social transitioning for youth. (AP Photo/John Hanna)

Kansas Gov. Laura Kelly speaks at a public event, Monday, April 29, 2024, at the Statehouse in Topeka, Kan. Kelly has vetoed a proposed ban on gender-affirming care for minors that also would bar state employees from advocating social transitioning for transgender children. (AP Photo/John Hanna)

Kansas state Sen. Mark Steffen, R-Hutchison, speaks in favor of overriding Democratic Gov. Laura Kelly's veto of a bill banning gender-affirming care for minors, Monday, April 29, 2024, at the Statehouse in Topeka, Kan. Steffen says the state must protect "confused" children from a "confused health care system and confused parents." (AP Photo/John Hanna)

ATLANTA (AP) — When he gives the commencement address at Morehouse College, President Joe Biden will have his most direct engagement with college students since the start of the Israel-Hamas war at a center of Black politics and culture.

Morehouse is located in Atlanta, the largest city in the swing state of Georgia, which Biden flipped from then-President Donald Trump four years ago. Biden's speech Sunday will come as the Democrat tries to make inroads with a key and symbolic constituency — young Black men — and repair the diverse coalition that elected him to the White House.

The announcement of the speech last month triggered peaceful protests and calls for the university administration to cancel over Biden’s handling of the war between Israel and Hamas. Some students at Morehouse and other historically Black campuses in Atlanta say they vociferously oppose Biden and the decision to have him speak, mirroring the tension Biden faces in many communities of color and with young voters nationally.

Morehouse President David Thomas said in an interview that the emotions around the speech made it all the more important that Biden speak.

“In many ways, these are the moments Morehouse was born for,” he said. “We need someplace in this country that can hold the tensions that threaten to divide us. If Morehouse can’t hold those tensions, then no place can.”

The speech comes at a critical moment for Biden in his general election rematch against Trump, a Republican. Biden is lagging in support among both Black voters and people under 30, groups that were key to his narrow 2020 victories in several battleground states, including Georgia.

Fifty-five percent of Black adults approved of the way Biden is handling his job as president, according to an AP-NORC Center for Public Affairs Research poll in March, a figure far below earlier in his presidency. Overall, 32% of 18- to 29-year-olds approved in the same poll.

“This is a global catastrophe in Gaza, and Joe Biden coming to pander for our votes is political blackface,” said Morehouse sophomore Anwar Karim, who urged Thomas and school trustees to rescind Biden’s invitation.

Recent scenes on American campuses reflect objections among many young voters about Israel’s assaults in Gaza. Biden has backed Israel since Hamas militants killed more than 1,200 Israelis and took hundreds of hostages on Oct. 7. That includes weapons shipments to the longstanding U.S. ally, even as Biden advocates for a cease-fire, criticizes Israeli Prime Minister Benjamin Netanyahu’s tactics and the death toll in Gaza surpasses 35,000 people, many of them women and children.

Many younger Black people have identified with the Palestinian cause and have at times drawn parallels between Israeli rule of the Palestinian territories and South Africa’s now-defunct apartheid system and abolished Jim Crow laws in the U.S. Israel rejects claims that its system of laws for Palestinians constitutes apartheid.

“I think that the president will do himself good if he does not duck that, especially when you think about the audience that he will be speaking to directly and to the nation,” Thomas said.

Sunday's speech will culminate a four-day span during which Biden will concentrate on reaching Black communities. On Thursday, Biden met privately with plaintiffs from the Brown v. Board of Education case that barred legal segregation of America’s public schools. The following day, Biden will address an NAACP gathering commemorating the 70th anniversary of the landmark decision.

Former U.S. Rep. Cedric Richmond, a longtime Biden ally who helped broker his speech at Morehouse, said he understood students’ concerns but emphasized that Biden has pressured Netanyahu and supports a two-state solution for the Israelis and Palestinians. Trump, meanwhile, has effectively abandoned that long-held U.S. position and said Israel should “finish the problem” in Gaza.

“That’s nowhere in the conversation,” Richmond said.

The debate over Biden's speech at Morehouse reflected a fundamental tension of historically Black colleges and universities, which are both dedicated to social justice and Black advancement and run by administrators who are committed to keeping order.

“We look like a very conservative institution” sometimes, Thomas said. “On one hand, the institution has to be the stable object where we are today in the world.”

But, he added, the university's long-term purpose is to “support our students in going out to create a better world.”

Blowback started even before Thomas publicly announced Biden was coming. Faculty sent executives a letter of concern, prompting an online town hall. Alumni gathered several hundred signatures to urge that Thomas rescind Biden’s invitation. The petition called the invitation antithetical to the pacifism Martin Luther King Jr., a Morehouse alumnus, expressed when opposing the Vietnam War.

Some students note that leaders of Morehouse and other HBCUs did not always support King and other Civil Rights activists who are venerated today. Morehouse, for instance, expelled the actor Samuel L. Jackson in 1969 after he and other students held Morehouse trustees, including King’s father, in a campus building as part of demanding curriculum changes and the appointment of more Black trustees.

Students organized two recent protests across the Atlanta University Center (AUC), a consortium of historically Black institutions in Atlanta that includes Morehouse. Chants included “Joe Biden, f— off!” and “Biden, Biden, you can’t hide. We charge you with genocide,” along with expletives directed at Thomas.

“Our institution is supporting genocide, and we turn a blind eye,” said Nyla Broddie, a student at Spelman College, which is part of the AUC. Brodie argued Biden’s Israel policy should be viewed in the broader context of U.S. foreign policy and domestic police violence against Black Americans.

Thomas said he “feels very positive about graduation” and that “not one” Morehouse senior — there are about 500 at the all-male private school — has opted out of participating. “That’s not to say that the sentiments about what’s going on in Gaza don’t resonate with people in our community,” Thomas said.

Thomas met privately with students as did several trustees. The Morehouse alumni association hosted a student town hall, featuring at least one veteran of the Atlanta Student Movement, a Civil Rights-era organization.

But there was a consistent message: Uninviting the president of the United States was not an option. When students raised questions about endowment investments in Israel and U.S. defense contractors, they said they were told the relevant amounts are negligible, a few hundred thousand dollars in mutual funds.

“I think folks are excited” about Biden coming, said Democratic Georgia Sen. Raphael Warnock, the senior pastor at King’s Ebenezer Baptist Church in Atlanta. Warnock said Biden is in “a great position” to talk about student debt relief, increased federal support for HBCUs and other achievements.

HBCUs have not seen crackdowns from law enforcement like those at Columbia University in New York City and the University of California, Los Angeles. However, Morehouse and the AUC have seen peaceful demonstrations, petitions and private meetings among campus stakeholders. Xavier University, a historically Black university in Louisiana, withdrew its commencement invitation for U.N. Ambassador Linda Thomas-Greenfield, citing a desire among students “to enjoy a commencement ceremony free of disruptions.”

Whether Morehouse graduates or other students protest Biden or disrupt the ceremony remains to be seen. Student protest leaders say they are unaware of any plans to demonstrate inside during the commencement.

Thomas, Morehouse's president, promised that forms of protest at commencement that “do not disrupt ceremonies” will not result in sanctions for any students.

But he also vowed to end the program early if disruptions grow.

“We will not — on Morehouse’s campus — create a national media moment,” he said, “where our inability to manage these tensions leads to people being taken out of a Morehouse ceremony in zip ties by law enforcement.”

President Joe Biden speaks at a memorial service to honor law enforcement officers who've lost their lives in the past year, during National Police Week ceremonies at the Capitol in Washington, Wednesday, May 15, 2024. (AP Photo/Susan Walsh)

FILE - President Joe Biden speaks in support of changing the Senate filibuster rules that have stalled voting rights legislation, at Atlanta University Center Consortium, on the grounds of Morehouse College and Clark Atlanta University, Jan. 11, 2022, in Atlanta. Biden will have his most direct engagement with college students since the start of the Israel-Hamas war when he speaks at Morehouse College's commencement. (AP Photo/Patrick Semansky, File)