CHAPTER 84
Senate Bill No. 180
An Act establishing the women’s bill of rights; providing a meaning of biological sex for purposes of statutory construction.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Notwithstanding any provision of state law to the contrary, with respect to the application of an individual’s biological sex pursuant to any state law or rules and regulations, the following shall apply:
(1) An individual’s “sex” means such individual’s biological sex, either male or female, at birth;
(2) a “female” is an individual whose biological reproductive system is developed to produce ova, and a “male” is an individual whose biological reproductive system is developed to fertilize the ova of a female;
(3) the terms “woman” and “girl” refer to human females, and the terms “man” and “boy” refer to human males;
(4) the term “mother” means a parent of the female sex, and the term “father” means a parent of the male sex;
(5) with respect to biological sex, the term “equal” does not mean “same” or “identical”;
(6) with respect to biological sex, separate accommodations are not inherently unequal; and
(7) an individual born with a medically verifiable diagnosis of “disorder/differences in sex development” shall be provided legal protections and accommodations afforded under the Americans with disabilities act and applicable Kansas statutes.
(b) Laws and rules and regulations that distinguish between the sexes are subject to intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair discrimination against similarly situated male and female individuals but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives. 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.
(c) 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.
Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.
Governor’s veto overridden.
(See Messages from the Governor)
CERTIFICATE
In accordance with K.S.A. 45-304, it is certified that Senate Bill 180, was not approved by the Governor on April 20, 2023; was returned by objections and approved on April 26, 2023 by two-thirds of the members elected to the Senate notwithstanding the objections of the governor; was reconsidered by the House of Representatives and was approved on April 27, 2023 by two-thirds of the members elected to the House, notwithstanding the objections, the bill did pass and shall become law.
This certificate is made this 27th day of April, 2023 by the Chief Clerk and Speaker of the House of Representatives and the President and Secretary of the Senate.
Daniel R. Hawkins
Speaker of the House of Representatives
Susan W. Kannarr
Chief Clerk of the House of Representatives
Ty Masterson
President of the Senate
Corey Carnahan
Secretary of the Senate
