BLOG

Civil liberties continue to be the target of the Kansas legislature. This remains a multi-front assault. Attacks on voting access and singling out immigrant communities have all been on the docket this week. Take a look at what you might have missed week seven of the Kansas 2025 Legislative Session:

Senate Bill 254 (SB 254): Prohibition of Public Benefits to Undocumented Immigrants 

We opposed SB 254, which seeks to prohibit individuals without lawful immigration status from accessing in-state tuition rates. This bill would not only strip opportunities from hardworking Kansas students but also create a two-tiered justice system that disproportionately harms immigrant communities. Beyond education, SB 254 amends the statute governing pretrial release, to introduce a dangerous rebuttable presumption of flight risk for undocumented individuals charged with a crime. 

Senate Bill 4 (SB 4): Elimination of the Three-Day Mail Ballot Processing Window 

SB 4 eliminates the current three-day processing window that allows mail-in ballots postmarked by Election Day to be counted. We vehemently oppose this bill, as it would disenfranchise thousands of Kansas voters, particularly those in rural areas, the elderly, and individuals with disabilities who rely on mail-in voting. Removing this processing window ignores potential postal delays and imposes undue burdens on voters, effectively suppressing voter participation and undermining the democratic process. Our opposition testimony, detailing the adverse impacts of SB 4, can be found on our website.  

Senate Concurrent Resolution 1611 (SCR 1611): Proposal for Direct Election of Supreme Court Justices 

SCR 1611 proposes a constitutional amendment to start holding direct, partisan elections for Kansas Supreme Court justices and eliminate the current, independent selection system. We strongly oppose this resolution, as it threatens the impartiality and independence of our judiciary. Introducing partisan elections into the judicial selection process would subject judges to political pressures and campaign financing influences, thereby compromising their ability to make unbiased decisions based solely on the law. Our detailed testimony outlining these concerns is available on our website. 

Week Ahead: Kansas Legislature (March 4 - March 8, 2025) 

The Kansas Legislature continues advancing restrictive policies affecting civil rights, education, and immigration. This week, several bills will be heard that threaten diversity initiatives, immigrant protections, and the rights of transgender students. The ACLU of Kansas will be closely monitoring and testifying against measures that undermine fundamental rights. 

On Tuesday, the House Commerce, Labor, and Economic Development Committee will hear HB 2290, the Kansas Land and Military Installation Protection Act. This bill seeks to prohibit foreign entities from acquiring land near military sites. The ACLU of Kansas opposes this legislation due to its vague definitions, which could allow for arbitrary enforcement. Additionally, it risks fueling xenophobic narratives by disproportionately targeting specific nationalities. Similar legislation in other states has had unintended economic consequences, deterring international businesses from investing in local economies. 

On Wednesday, the House Education Committee will consider SB 76, which mandates that school employees use the name and pronouns that align with a student’s birth certificate. The ACLU of Kansas strongly opposes this bill, as it directly targets transgender and non-binary students by denying them the right to have their identities recognized in school settings. This policy could contribute to increased mental health risks, including depression and anxiety, and may conflict with federal Title IX protections against sex-based discrimination. School districts enforcing this policy could face legal challenges and liability issues. 

On Thursday, the Senate Federal and State Affairs Committee will hear SB 178, which would require Kansas law enforcement agencies to enter into agreements with U.S. Immigration and Customs Enforcement (ICE) for the enforcement of federal immigration laws. The ACLU of Kansas opposes this bill due to its harmful impact on community safety. Research has shown that when local police are required to enforce federal immigration laws, immigrant communities are less likely to report crimes, leading to decreased public safety for everyone. Additionally, the policy could result in racial profiling and place significant burdens on local law enforcement agencies, diverting resources away from addressing local crime. 

Also on Thursday, the Senate Judiciary Committee will hear HCR 5008, a proposed constitutional amendment that would grant the legislature greater authority to oversee and veto executive branch regulations. The ACLU of Kansas opposes this amendment, as it threatens the separation of powers and could lead to political interference in public health, environmental, and labor protections. If passed, this measure would require voter approval, setting up a significant political battle in the upcoming election cycle. 

DEI attacks continue  

The ongoing fight over diversity, equity, and inclusion (DEI) funding remains a major issue, as the Senate Budget Committee recently stripped $4 million from the Governor’s budget and the Department of Administration, placing the funds under the State Finance Council until proof is provided that DEI programs and policies have been eliminated. This move reflects a broader nationwide effort to dismantle diversity initiatives in government and education. 

As the week unfolds, the ACLU of Kansas will continue to advocate against legislation that undermines civil rights and liberties. The organization remains committed to ensuring that the voices of impacted communities are heard and that legal challenges are pursued where necessary. 

Date

Featured image

Show featured image

Hide banner image

Show related content

Pinned related content

Tweet Text

Type

Menu parent dynamic listing

Show PDF in viewer on page

Style

Show list numbers

Author

• Read more about Legislative Update: Week 7

In the first hundred days of a second Trump administration, the public has been overwhelmed with a constant influx of new and increasingly devastating information almost every waking day. To recap, President Trump has already banned trans athletes from women’s sports, enacted bans on gender-affirming care, attacked DEIA initiatives, attacked reproductive rights, attempted to end birth-right citizenship, inspired extremist in-state policy, encouraged funding cuts to non-profit advocacy groups, and that’s just the tip of the iceberg. 

TLDR: President Trump is doing a lot to overwhelm the mass public and undermine our freedoms at a breakneck speed. 

While jarring to experience, this political strategy of firing on all cylinders non-stop is not a new or unique strategy. The parallels between the tactics of the Trump administration month one and the Machiavellian military strategy of delivering a decisive blow of force “all at once” to quickly subdue the enemy reflect each other identically (Machiavelli, The Art of War, 1521).  

But make no mistake, President Trump is no expert in the art of war or a military strategist. He is simply replicating what he’s seen work before.  

History tells us that widespread shock and horror is actually an exciting opportunity for the wealthy 1% to get richer. “The Shock Doctrine” author Naomi Klein coined the term “disaster capitalism” in 2007 in part reaction to analysis of the Iraq War as “orchestrated raids on the public sphere in the wake of catastrophic events, combined with the treatment of disasters as exciting market opportunities.” Essentially, by shocking the mass public via constant propaganda, terror, and generally upsetting news, the public will be subdued enough to return to a child-like state, accepting of shock therapy treatments deemed effective by those profiting off said treatment. In the wake of events like natural disasters, war, economic strife, while the public is still torn between flight or fight, pause democracy and push through extremist policies that only serve to benefit the 1% under the guise of treating the issue at hand. This was clearly demonstrated in the U.S.-supported coup in Chile of the 1970s that overthrew then-President Salvador Allende, which ultimately allowed for  increased privatization and market liberalization, and a military dictatorship led by General Augusto Pinochet. Pinochet would go on to commit mass torture and political repression under his regime. Klein also points to domestic examples such as the technocrat oligarchy in reaction to the Great Depression, as well as the hordes of private military contractors who descended upon New Orleans in the wake of Hurricane Katrina to profit from the destruction.  

While the implications of a disaster capitalism tactic are horrifying, it is ultimately just that: a tactic. There are methods to defeat it because, as Klein tells us, “Shock wears off.” There are tactics we can implement at the individual and local level to snap our peers out of shock and into their communities so we can all be prepared before the next shock hits -- below are 4 steps you can take to help you harness your locus of control and become shock resistant.  

1. Choose your issue or only a few issues. 
2. Research your issue. 
3. Organize around your issue. 
4. Work through legislative channels to enact sustainable policy reform around your issue. 

1. Choose your issue(s): Focus on only one or a couple of issues that are cause for concern in your community that you can make sustainable impact on.  

When the shock doctrine was first demonstrated in Chile, dictator General Augusto Pinochet implemented rapid-fire economic changes all at once, including tax cuts, free trade, privatized services, cuts to social spending and deregulation with the goal of overwhelming the mass public until they don’t know where to look.

Similarly, the Trump administration has ruthlessly attacked every issue important to the public, from trans healthcare to immigrant rights. Don’t let them distract you. Remember that your greatest power is here, in your own town, community, or state. Here are some questions you can begin to ask yourself to narrow down your issue focus. 

• What is causing hardship in my local community? 
• What is negatively impacting people I know personally? 
• What issue has been on my mind recently that I could begin to address while staying in my community? 

2. Research your issue: Arm yourself with the knowledge necessary to defend your issue.  

As the Shock Doctrine movie reminds us, “The best way to stay oriented, to resist shock, is to know what is happening to you and why" (2007). Catastrophic events are largely not the result of a conspiracy or random happenstance. Most of the time there is policy or some action we can point to as the catalyst of mass atrocities or civil rights violations. Naomi Klein emphasizes that “All shock therapists are intent on the erasure of memory.” By keeping the mass public ignorant of our history, we doom ourselves to repeat it. Here are some questions you can ask yourself when researching the history of your issue. 

• What/who are they trying to get you to forget?  
• Where else has reform on this issue been replicated? When? By whom?  
• What resources are available at my local library/bookstore? 
• What is the context of my issue in my community? Why did this happen? Have there been other attempts at reform prior? What did they accomplish and how? 
• Who is most impacted by your chosen issue? 

3. Organize around your issue: Find your political home. Almost always, there are already organizers in your own community who have been working for years, decades—even generations!—to solve the problems we see around us. Let the issues you care about drive you, but stay open and curious. You might find folks in your own community who have a plan for change on an issue you weren't aware of yet. Here at the ACLU of Kansas, you can find your political home in us by signing up here. 

“Once the mechanics of the shock doctrine are deeply and collectively understood, whole communities become harder to take by surprise, more difficult to confuse – shock resistant.” – Naomi Klein, The Shock Doctrine (2007)  

Here are some questions you can ask yourself when building resistance in your own communities: 

• Who can I partner with to help me accomplish my desired goals? 
• Who are the local advocacy leaders in your community? 
• What leaders/representatives in my community should be held accountable to my issue? 
• How can I spread the word about my issue? What’s the best strategy for my community/issue? 
• Ask how you can help. After you've found a place to focus your energy, offer your time and talents. Consider ways you can participate in the long haul and sustain yourself beyond these moments of shock—organizing is forever. Consider how you can take care of yourself so that you're in this fight for the many years ahead. 
• Who can I bring in? What a lot of organizing projects need most is simple: more people to share the load! Invite your friends, family, and neighborhood networks into your political home. Relationships are often how people join, and stay in the work of organizing. 

4. Work through legislative channels to enact policy reform around your issue: Follow through on the policy reforms and other changes you wish to see in your community.

In 2007, a small community in the New Orleans public housing projects came together to rebuild despite plans by the Bush administration to demolish old homes and public housing effected by Hurricane Katrina. In physically repairing their community, community members were also able to reinforce their community and build resilience for when the next shock hits. Here are some questions to ask yourself when building long-term resilience for your chosen issue and community:   

• Does this call for a lawsuit or other form of advocacy? 
• Who are the leaders/local orgs that I can join to institute policy reform? 

• Who is your opposition and who are your supporters?

• What is needed to enshrine protections for this issue? What is needed for funding? 

One thing we can depend on from history is the fact that shock doctrine tactics like the one we’re seeing now with the second Trump administration are doomed to fail. “Any strategy based on exploiting the window of opportunity opened by a traumatic shock relies heavily on the element of surprise,” says Klein. By taking individual and community-based approaches to harnessing your locus of control, can build resilience with your community and anticipate attacks -- and become shock-proof. 

Date

Featured image

Show featured image

Hide banner image

Show related content

Tweet Text

Type

Menu parent dynamic listing

Show PDF in viewer on page

Style

Show list numbers

Author

• Read more about Surviving Shock

Turnaround, the first big deadline of the Kansas Legislative session has come and gone, meaning the landscape of the legislative session has changed with key bills rapidly pushed through the chambers, and others dying in committee. “Turnaround” means bills that were introduced in the first two months of the legislative session must be passed through their original chamber (House or Senate) by February 20th to stay alive in the legislative process. If a bill fails to pass through its respective chamber, the bill is considered “dead” and will not move forward in the legislative session. This week also saw its first veto override on an extremely harmful bill that is a blatant attack on the LGBTQ+ community. Plus, Republican leadership seeks to pass a concurrent resolution which would politicize the Kansas Supreme Court and undermine its ability to protect our constitutional rights. This legislative update will keep you up to date on which bills are still in play under the capitol dome. 

Bills That Have Passed:

LGBTQ+ 

• SB 63: This bill effectively bans access to all medically necessary healthcare (puberty blockers, HRT, etc.)  for trans Kansans under 18 years old and violate parents’ rights to control the healthcare decisions for their children. The ACLU of Kansas testified in person in opposition; however, the bill was passed by both chambers and was sent to the Governor to sign into law. Governor Laura Kelly vetoed the bill on 2/11 and sent it back to the legislature. On 2/18, both Chambers voted with a 2/3rds majority to override the veto. Once the bill is published in the Kansas register, it will take effect, immediately revoking much-needed medical care for Kansas families. In response a number of statewide advocacy groups recently came together with the Campaign for Southern Equality in direct response to SB 63,  and the newly launched program in Kansas aims at harm-reduction to help Kansas families find access to care in states without healthcare bans. 

Call to Action

• SCR 1611: The Senate Concurrent Resolution would seek to change the way Kansas Supreme Court Justices are selected and retained. Currently, a nominating commission, made up of highly qualified lawyers and civic leaders nominate three candidates for a vacant seat on the Kansas Supreme Court, and the governor chooses one of the candidates for the appointment. However, SCR1611 would eliminate the nominating commission, and allow for direct partisan elections to be held for a position on the Kansas Supreme Court. The ACLU is STRONGLY opposed to this resolution, as it would allow politics to infiltrate the Kansas Supreme Court. Supporters of the amendment openly admit that they want to change the process to be able to ban abortion, limit voting rights, and attack other constitutional rights SCR1611 has a hearing scheduled for Tuesday, 2/25 a which the ACLU of Kansas will provide in-person, opposition testimony. Take action TODAY on our website to contact your representative to oppose this resolution.  

Bills That Survived Turnaround: 

The following bills have survived Turnround, and will continue to be worked through the legislative process. “Surviving turnaround” means the bill passed through its originating committee and chamber (house or senate), or it was moved to an exempt committee (meaning bills in such committees are exempt from the turnaround chopping block). 

Criminal Legal Reform 

• HB 2228: HB 2228 would require the Secretary of Corrections to assist inmates with obtaining identification and employment related documentation prior to release from custody. This would help individuals better assimilate into the community and work force after incarceration. This bill passed unanimously through the House and is strongly supported by the ACLU of Kansas. 
• HB 2325: The ACLU opposes this bill that would authorize judges to commit juvenile offenders to detention for technical violations of probation and would increase the cumulative detention limit for juvenile offenders and increase criminal penalties for juvenile offenders who use a firearm in the commission of an offense or who are repeat offenders. Increased detention times not only hurt our youth, but can cause a destructive cycle, further prohibiting rehabilitation and instead causing more harm to youth and their support networks. HB 2325 was referred to House Federal and State Affairs, which is an exempt committee.  

Voting Rights 

• SB 4: This bill would eliminate the 3-day mail processing window, disenfranchising thousands of Kansas voters, especially voters in rural areas or who have disabilities or other limitations in movement. We are vehemently opposed to this bill and submitted opposition testimony in Senate Federal & State Affairs. The bill passed in the Senate on 2/5. The ACLU submitted in-person opposition testimony to the hearing on this bill in House Elections on 2/11. This bill passed out of committee on 2/13 and is headed to the House floor for a vote. Take action to oppose this bill TODAY by contacting your representatives. 
• HB 2016: This bill would add private, online obituary notices as a method of removing deceased voters from the rolls. The ACLU believes this to be an insufficient method for removing voters because obituary notices frequently lack critical identifying information. The ACLU submitted opposition testimony; however, the bill passed through the House and is currently in Senate Federal and State Affairs committee.  
• SB 6: If passed, SB6 would outlaw Ranked Choice Voting (RCV) in the state of Kansas. This is an issue best decided at the local level. The ACLU agrees with the overall goal of RCV, to gives voters more choices on election day, but has reservations about the impact of RCV on voter turnout in communities of color. This bill has passed through the Senate and has a hearing scheduled on Thursday, 2/27, in House Elections committee. 
• HCR 5004: The House Concurrent Resolution attempts to amend the Kansas Constitution to explicitly restrict voting to Kansas citizens, an entirely unnecessary addition that would duplicate already existing state and federal law. It has passed through the house and is currently sits in Senate’s Federal and State Affairs committee.  

Immigration 

• HB 2020: This bill would require a monthly report of non-citizens who were issued licenses to be sent to the Secretary of State and fails to address issues of data privacy. HB2020 has successfully passed through the house, but we still have grave concerns about who this information will be shared with and the bill’s lack of privacy guarantees.  
• SB 254: If passed, this bill would take away in-state tuition from undocumented immigrants. It would also require any person who cannot verify their citizenship when charged with a crime be presumed a flight risk and held on bond. This legislation would presume a person is guilty of being a flight risk based solely on their documentation status, resulting in bond as a detention method due to inability to pay. SB254 has a hearing scheduled on Thursday (2/27) at which the ACLU of Kansas will provide oral, opposition testimony. Its companion bill, HB 2373, was introduced in House Federal and State Affairs, an exempt committee. 

LGBTQ+ 

• SB 76: This bill, which is opposed by the ACLU of Kansas, requires employees of school districts and postsecondary institutions to use names and pronouns consistent with a student's biological sex as stated on their birth certificate, unless parents provide written consent. It also protects individuals from disciplinary action if they refuse to use a student's chosen name or pronouns and permits lawsuits from anyone who overhears such usage. SB 76 was passed through the Senate and is currently sitting in the House. This bill would be a violation of students’ privacy and put their safety at risk, while placing extreme administrative burdens on schools and school districts.  
• HB 2311: HB 2311, opposed by the ACLU of Kansas, would allow discrimination of LGBTQ youth in child placements, allowing individuals refuse placements if they disagree with their sexual orientation or identity. The Secretary retains the ability to consider the religious and moral beliefs of the child, their biological family, and their community when determining appropriate placements. The bill explicitly states that it does not prevent the Secretary from making placements that serve the best interests of the child as required by law. HB2311 has successfully made its way through the house and is currently in the Senate. 

Take action today by contacting your representatives and continue to check our legislative hub for more information and view our testimony on other bills and resolutions. 

Date

Featured image

Show featured image

Hide banner image

Show related content

Pinned related content

Tweet Text

Type

Menu parent dynamic listing

Show PDF in viewer on page

Style

Show list numbers

Author

• Read more about Legislative Update: Week 6