Category: Kansas Legislature

Kansas senators push transgender athlete debate to new extremes in override of governor’s veto

by Sherman Smith, Kansas Reflector

Topeka — Kansas senators pushed debate over a proposed ban on transgender athletes to new extremes Tuesday involving the University of Kansas championship-winning men’s basketball team and child genital inspections.

The Senate — which has repeatedly debated the issue over the past two sessions — then voted 28-10 to override Gov. Laura Kelly’s veto of Senate Bill 160.

Sen. Brenda Dietrich, R-Topeka, joined Democrats in supporting the governor’s veto.

Republicans say they are promoting fairness in competition, even though the model legislation is rooted in anti-LGBTQ initiatives. Democrats say support for the bill is actually motivated by politics and hate.

The legislation requires participation in school activities, beginning at kindergarten, to align with a student’s “biological sex.” Opponents of the bill question how gender disputes will be resolved.

Sen. Tom Holland, D-Baldwin City, referred to the legislation as the “Kansas Public School Children’s Genitalia Inspection Act.”

“The Kansas Legislature is better than this,” Holland said.

Sen. Molly Baumgardner, R-Louisburg, asked senators to think about the members of the KU men’s basketball team whose national championship was celebrated at the Statehouse on Monday.

“I want you to close your eyes for just a moment, and I want you to think about what if a couple of years from now we’re recognizing the women’s national basketball team, but in fact, several of those players are the same gentlemen that we saw yesterday,” Baumgardner said. “Because that is exactly what’s happening in our universities. We have students, male students, that are competing freshman, sophomore and junior year, and then their senior year, they’re competing on the women’s team. They are breaking all the records, leaving the women in the dust. That is what this piece of legislation is about.”

Baumgardner offered no example of universities or athletes to support her claim.

At the high school level, there is just one transgender girl participating in any school activity in Kansas, according to LGBTQ advocates.

It isn’t clear whether there is enough support in the House to complete the override of the governor’s veto, which requires the votes of two-thirds of both chambers.

The Senate debate included several references to a hate-filled email sent by Rep. Cheryl Helmer, R-Mulvane, to a transgender graduate student at KU.

In the email, first reported by Kansas Reflector, Helmer said she didn’t appreciate sharing a bathroom with a “huge transgender female” at the Statehouse, an apparent reference to Rep. Stephanie Byers, a Wichita Democrat. Helmer also said she entered the men’s restroom to make a point, falsely claimed many school-age girls have been sexually assaulted in bathrooms by transgender people, and complained that transgender athletes were cheating.

“Instead of writing about me in Topeka, I thought The Reflector News would be informing Topeka about all the plane loads of Mexico Illegal Immigrants that have arrived in the last few days,” Helmer wrote in a post on her personal Facebook page. “They are staying at a downtown hotel at taxpayer expense ($800) per room, plus all free meals and free laundry. And they have those nice big I-phones!”

In the Senate debate, Sen. Virgil Peck, R-Havana, said it was unacceptable that girls participating in sports could have boys in their locker rooms and showers.

“I’m amazed that we’re not hearing from more of those who are, if you will, feminists, standing up for young ladies,” Peck said. “We heard during the veto message that Senate Bill 160 is about scoring political points. If doing the right thing is, quote, trying to score political points, closed quote, count me in. I will do the right thing, and I will take the political points that come along with doing the right thing.”

Senate Minority Leader Dinah Sykes, D-Lenexa, characterized the issue as a battle between love and fear.

History is full of examples of what happens when fear drives decisions, Sykes said.

“I will act with love toward children who are labeled and dismissed, and their humanity is disregarded,” Sykes said. “I will act with love toward my colleague across this building whose dignity was ignored yesterday. I will act with love and charity to the one Kansan that this bill will prevent from participating in sports.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0
See more at https://kansasreflector.com/2022/04/26/kansas-senators-push-transgender-athlete-debate-to-new-extremes-in-overrideof-governors-veto/

Congressional map drawn by Kansas Republicans is unconstitutional, Wyandotte County judge rules

by Sherman Smith, Kansas Reflector

Topeka — Wyandotte County District Judge Bill Klapper ruled Monday that Kansas Republicans violated the state constitution by targeting residents on the basis of politics and race when drawing new congressional districts.

Klapper’s order, which is certain to be appealed to the Kansas Supreme Court, blocks the state from preparing for the congressional election until a new map is drawn. The judge ordered the Legislature to come up with “a remedial plan” as soon as possible.

Republicans drew a map that divides the Kansas City metro along Interstate 70, separating a diverse community in the northern part of Wyandotte County from the 3rd District, making it more difficult for the state’s only Democrat in Congress, U.S. Rep. Sharice Davids, to win reelection. The map avoids giving Democrats an edge in the 2nd District by carving Lawrence out of Douglas County and placing the liberal-leaning community into the highly conservative 1st District that extends to the Colorado border.

The ruling follows a consolidated trial for three lawsuits that were filed in response to a new congressional map passed by the Legislature this session. The American Civil Liberties Union of Kansas, former federal prosecutors Barry Grissom and Stephen McAllister, and the D.C.-based Elias Group and Campaign Legal Center were involved in challenging the map.

“We are thankful that Judge Klapper saw this map for what it was — a deliberate attempt to silence the political voices of Democratic and minority Kansans,” said Sharon Brett, legal director for the ACLU of Kansas. “Although we know this case is not over yet, we look forward to settling this issue and securing the rights of our clients in the Kansas Supreme Court.”

This is the first time a gerrymandering cases has been litigated in Kansas courts.

The Kansas Supreme Court tasked Klapper with determining whether the Kansas Constitution contains protections against dividing communities of color and partisan gerrymandering, with the understanding the ruling would be appealed regardless of the decision. Federal courts previously handled these disputes, until a U.S. Supreme Court decision in 2019 determined federal courts should have no say on the topic.

Plaintiffs pointed to comments made in 2020 by former Senate President Susan Wagle, who said a Republican supermajority in the Legislature would allow the party to draw congressional districts that ensure the state only elects Republicans. As Wagle predicted, the two-thirds majority allowed the Legislature to override a veto by Democratic Gov. Laura Kelly.

In a statement, House Republican leadership said “it is not surprising that a partisan Democrat judge sided with Laura Kelly’s East coast special interest groups to usurp lawfully enacted maps approved by a supermajority of the people’s representatives. We look forward to the Attorney General’s appeal of this erroneous decision.”

Attorneys hired by Republican Attorney General Derek Schmidt, who faces Kelly in this year’s gubernatorial race, argued that the redrawn map still gives Davids a chance to win reelection.

Klapper agreed with the argument that lawmakers produced maps that dilute the voting power of residents in Wyandotte County and Lawrence, violating multiple protections found in the state constitution’s Bill of Rights.

“No surprise,” said Senate President Ty Masterson, a Republican from Andover. “On to the next step.”

Senior reporter Tim Carpenter contributed to this story.
This story is developing and will be updated.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.

See more at https://kansasreflector.com/2022/04/25/congressional-map-drawn-by-kansas-republicans-is-unconstitutional-wyandotte-county-judge-rules/

Kansas governor approves budget including extension of postpartum coverage

by Noah Taborda, Kansas Reflector

Topeka — Gov. Laura Kelly signed Wednesday a $16 billion state budget backed by most lawmakers from both parties, including an extension of postpartum Medicaid coverage, a fully funded water plan and rainy day money.

The budget for 2022 and 2023 places $500 million in the state’s budget stabilization fund. This record deposit leaves the fund five times higher than ever before, providing a cushion should revenue falter. In addition, the budget fully funds the state water plan for the first time since 2008.

A notable inclusion is the extension of postpartum Medicaid coverage from 60 days to 12 months, which advocates hope will reduce pregnancy-related complications. More than 30% of Kansas births are covered by KanCare.

“We commend Gov. Kelly and the Kansas Legislature for extending postpartum KanCare coverage to 12 months,” said David Jordan, president and CEO of the United Methodist Health Ministry Fund. “This will positively impact 9,000 Kansas mothers each year — reducing maternal mortality, improving health outcomes, and reducing disparities.”

Representatives backed the budget, 104 to 12, and senators followed suit, 33 to 5. The governor vetoed two items: an allocation of $200,000 to the Benedictine college engineering program and an opportunity for legislators to reverse their decision not to join the Kansas Public Employees Retirement System.

The budget does not include funding for the Kansas State Department of Education or school districts, about $6.4 billion. Lawmakers are still at odds over allowing students to enroll in out-of-district schools if there is space, among other matters.

The added postpartum coverage provides an extension of temporary federal aid in response to the pandemic to provide 12 months of coverage. Proponents of added postpartum coverage say this extension will lead to early identification and intervention of conditions among infants and, in turn, improved health outcomes.

In addition to the extension of postpartum coverage, the budget will increase funding for mental health services in home and community-based services and behavioral crisis stabilization for Kansans with intellectual and developmental disabilities. It also approves enhancements for emergency medical services, newborn screenings, cancer screenings and more.

Gov. Kelly, who is running for reelection, was optimistic about the changes made to improve Kansans’ health, but she said there was more to push for.

“With all the budget does accomplish, it could do more to ensure that all communities in the state have the access to healthcare that Kansans deserve and that prospective new residents expect,” the governor said. “Given how new business growth requires a healthy workforce, I will continue to urge the Legislature to make the commonsense decision to expand Medicaid and return Kansas’ federal tax dollars to our communities.”

A rare budget surplus eased contentious budget debates and allowed for the appropriation of $16 billion in the next fiscal year, in addition to $1.2 billion of largely federal funds in the current year ending June 30.

As of April 1, the state has accrued just over $300 million, or 5%, more than anticipated in total tax revenue.

Additional allocation in the budget includes increased funding for the Office of Broadband Development, and the Kansas Highway Patrol will also have $20 million to purchase two aircraft and replace the executive aircraft used to transport officials around the state. The budget restores higher education funding, including one-time investments in need-based aid and workforce development efforts at community and technical colleges. It also provides a 5% pay increase for state workers, their first bump since 2018.

Senate Minority Leader Dinah Sykes said this was one of the better starting points for a budget during her tenure in Topeka.

“I’m particularly proud of the investments in intellectual and developmental disability services, higher education, and public safety,” Sykes said. “I’m anxious to return for veto session to address K-12 education funding and to come together to eliminate the sales tax on food.”

Kansas Reflector stories www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/04/20/kansas-governor-approves-budget-including-extension-of-postpartum-coverage/