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Despite clear and adamant pushback from its own students, the Gardner Edgerton school board adopted a harmful and discriminatory policy that infringes on the rights of transgender students in USD 231 schools this week, just before Election Day.¹ Among other things, the policy bans trans students from playing sports and using the restroom or facilities that align with their gender.  

The board adopted this policy after five months of debate—during which it heard immense pushback from USD 231 students, who showed up at multiple board meetings to testify that they did not want the policy and that it would harm them or their trans classmates.  

The day after the board adopted the policy, Kansans voted Gov. Laura Kelly back in office—signaling that, like the USD 231 students, a majority of Kansans do not want to support discriminatory, anti-trans policy. In fact, Kansans just reelected a governor who has consistently vetoed anti-trans legislation and who committed to continuing to do so in her next term. 

The research is clear: introducing, debating, and adopting anti-trans policies negatively impacts the mental health of trans youth in the community.² In fact, when discriminatory facilities policies like the one Gardner Edgerton just passed are adopted, one in three transgender students report attempting suicide in the year following that policy adoption.³ And schools that adopt these anti-trans policies have higher instances of anti-LGBTQ+ bullying and harassment than schools with LGBTQ+ inclusive policies.⁴ 

These discriminatory policies also impact the physical health and well-being of students—placing trans students at higher risk of health issues like bladder infections and causing 45% of LGBTQ+ students to report avoiding the restroom or locker room because they felt unsafe or uncomfortable.⁵ Anti-trans sports bans also lead to less participation in girls’ sports overall and an increase in harmful gender policing strategies.⁶

None of this was enough for the Gardner Edgerton school board to change course. 

The ACLU of Kansas has heard from multiple families in the Gardner Edgerton district with trans students who have already been harmed by this policy and the community debates surrounding it. These families have students whose health, well-being, and ability to participate at school have been negatively impacted, and they are deeply concerned about the continued harm that will come now that the policy has officially been adopted. 

Discriminatory policies like this are rooted in prejudice and unfounded fears about trans students. But in reality, there are thousands of trans students across the country using multi-use restrooms that align with their gender without any issues, and there is no evidence to support claims that transgender athletes have any sort of competitive advantage over cisgender athletes. 

Aside from the clear physical and mental harm the Gardner Edgerton policy will cause, it is also a discriminatory policy that violates students’ federal and constitutional rights. In fact, a Virginia school district that adopted a similar policy—banning trans students from using the restroom that aligned with their gender—was sued and the federal appellate court said that this kind of discriminatory policy violates Title IX of the Education Amendments of 1972 and the United States Constitution’s Equal Protection Clause.⁷ And courts that have considered anti-trans sports bans have held that Title IX prohibits districts from adopting these types of discriminatory policies.⁸

Moreover, the United States Department of Education recently proposed new Title IX regulations which make clear that trans students’ rights are protected under federal antidiscrimination law—and policies like the one adopted by Gardner Edgerton’s school board infringe on those rights.⁹ These regulations would protect the rights of trans students to both use the restroom and play sports that align with their gender—both things that the Gardner Edgerton policy now bans.  

All students deserve to feel safe and supported at school. The ACLU of Kansas wants trans students to know that we stand with them and will continue to advocate for their rights. We will work to change the narrative in Kansas around trans people—pushing back against hate and prejudice and highlighting the lived experiences of trans Kansans, in our schools and across our state.  

While there may be some who wish to harm and discriminate against trans people in our state, those voices are in the minority. And while folks have wedged trans people into a political debate, this Gardner Edgerton policy reaches across party lines and challenges core Kansas values—values like treating everyone with respect, dignity, and fairness, protecting the youth in our state, and ensuring our public schools provide a safe and welcoming environment for all students to learn and grow in.   

If these are values you share, you must be ready to challenge those in power when they take action to harm trans people in our state—like the Gardner Edgerton school board did this week.  

The ACLU of Kansas is dedicated to protecting the civil rights of all Kansans—including trans students in our schools. We welcome you to join us in this fight. You can sign up to be involved in our LGBTQ+ advocacy work going forward by clicking here. 

1  https://go.boarddocs.com/ks/usd231/Board.nsf/Public 
2  https://socwel.ku.edu/center-lgbtq-research-advocacy-resources 
3  See Myesha Price-Feeney, et al., Impact of Bathroom Discrimination on Mental Health of Transgender and Non-Binary Youth, Journal of Adolescent Health (Dec. 4, 2020), https://www.jahonline.org/article/S1054-139X(20)30653-4/fulltext. 
4  See 2021 National School Climate Survey, GLSEN, https://www.glsen.org/research/2021-national-school-climate-survey.  
5  Id.; Tanya Albert Henry, Exclusionary Bathroom Policies Harm Transgender Students, American Medical Association, https://www.ama-assn.org/delivering-care/population-care/exclusionary-ba... Julie Compton, Trans Students Face ‘Detrimental’ Health Effects Without Fed Protection, NBC News, https://www.nbcnews.com/feature/nbc-out/without-federal-protections-tran...
6  https://socwel.ku.edu/center-lgbtq-research-advocacy-resources
7  See https://www.aclu.org/cases/grimm-v-gloucester-county-school-board.  
8  https://www.aclu.org/news/lgbtq-rights/the-coordinated-attack-on-trans-s...
9  Federal Register Notice of Proposed Rulemaking – Title IX of the Education Amendments of 1972, https:www.govinfo.gov/content/pkg/FR-2022-07-12/pdf/2022-13734.pdf.  
 

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• Read more about The Gardner Edgerton School Board anti-trans policy and direct harm to students

This election season could decide the future in Kansas and across the county. Already on August 2 Kansans stood up defiantly for civil liberties — and the fight for those rights returns when we vote on November 8.

Before you make your voting plan, make sure you are registered to vote by the deadline, Tuesday, October 18. You can update or check your registration status at ksvotes.org and request an advance mail ballot by November 1.

Once you're registered, here are five steps to get your voting plan together:

1. Find your polling location on Kansas Voter View.
2. Pick a date and time you'll vote. Do you need to take off work or find childcare?
3. Plan how you'll get there - do you need a ride?
4. Bring your driver's license or other valid form of ID.
5. Find someone to bring with you.

If you have any issues with registering to vote or with voting by mail, early in-person, or on Election Day, please contact the Election Protection Hotline at 1-866-OUR-VOTE (Spanish, Arabic, and other language options available).

Democracy isn't just about pulling the lever for a certain person — it's about our shared values and the idea that everyone's voice matters. Thank you for making your voting plan and showing up to vote.

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In the seven years since the Supreme Court confirmed in Obergefell v. Hodges that same-sex couples have the right to marry, the LGBTQ+ liberation movement has both celebrated monumental successes and faced aggressive, ongoing attacks. In more recent years, there has been a marked increase in anti-LGBTQ+ sentiment across the country—and within our state of Kansas.

The number of anti-LGBTQ+ hate groups in the United States has ballooned from 45 pre-Obergefell to 65 as of 2021.[1] And Kansas has seen consistent legislative attacks on LGBTQ+ people, fostering a hostile social climate for LGBTQ+ Kansans across the state.[2] 

While some are quick to brush off LGBTQ+ issues as a problem for populated cities in coastal states, this is not the case­­—55% of the United States’ adult LGBTQ+ population lives in the Midwest or South, and an estimated 92,000 LGBTQ+ people live in Kansas.[3] Issues impacting the LGBTQ+ community impact our Kansas community as a whole, and we must not ignore that fact. Additionally, a significant number of LGBTQ+ Kansans live in rural counties and are more likely to experience discrimination, community resentment, and a lack of access to support structures.[4]

In fact, LGBTQ+ Kansans are facing troubling amounts of discrimination across multiple areas of their lives. Nearly one-third of transgender Kansans report being fired, denied a promotion, or not hired because of their gender identity or expression.[5] And 23% of LGBTQ+ Kansans report they have been discriminated against at a restaurant, hotel, or other business because of their sexual orientation or gender identity.[6]

This discrimination has harmful lasting impacts in LGBTQ+ Kansans lives—making LGBTQ+ Kansans twice as likely to be unemployed as their non-LGBTQ+ counterparts and nearly three times as likely to not have money for food.[7] One-third of transgender Kansans report experiencing homelessness, and more than one-third report living in poverty.[8] Anti-LGBTQ+ discrimination can also lead to worse mental and physical health outcomes for LGBTQ+ people in the state.[9]

Though this may seem like a bleak picture I’m painting of LGBTQ+ Kansans’ experiences, it’s important that we remember it does not have to be this way. In fact, most Kansans want to protect LGBTQ+ people—67% of Kansans support LGBTQ+ non-discrimination protections.[10]

This fact doesn’t surprise me. As a lifelong Kansan, I’m very familiar with our state’s sense of community and generosity. But as an openly queer and transgender person, I’m also familiar with the challenges LGBTQ+ people face living here.

That is why I will be spending the next two years with the ACLU of Kansas as a Legal Fellow focused on enforcing, strengthening, and expanding LGBTQ+ Kansans’ legal protections. I will be solely dedicated to advocating for LGBTQ+ Kansans rights.

This fellowship builds on my longstanding recognition of the need to build community and stand up for the rights of LGBTQ+ people in this state. I have been advocating for LGBTQ+ Kansans since my undergraduate career at Newman University, and I continued that advocacy during my law school career at the University of Kansas. Over the years, I have met many dedicated LGBTQ+ advocates and countless LGBTQ+ Kansans and allies from across the state.

My experiences have made it clear that most Kansans want to improve the lives of LGBTQ+ people in our state—but my years in this space and my own lived experience have also highlighted the lack of resources and support that exist toward that end. Currently, there is no organization in Kansas solely dedicated to enforcing and protecting LGBTQ+ Kansans’ rights through litigation, legal advocacy, and public education. And with the rise of anti-LGBTQ+ sentiment across the country and in the Kansas statehouse, it is more important than ever that LGBTQ+ Kansans have someone in their corner.

While I am honored to be able to step into this role, I know that LGBTQ+ Kansans cannot reach liberation through my work alone. That will take community power, political engagement, and a commitment to acting with love. I am thrilled to begin this work for our state, and eager to connect with other Kansans who want to do the same.

To learn more or get involved with D.C.’s work in Kansas, please contact them at [email protected].

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• Read more about Expanding protections for LGBTQ+ Kansans