News & Commentary

Micah Kubic responds to A.G. Kris Kobach's statement in 2023 on proposed Title IX changes.

“I think that’s what his lawsuit is about, saying there are some folks who are not a part of our community who should be excluded, who should be punished and be persecuted by the law," says ACLU of Kansas executive director Micah Kubic.

Kansas ACLU Executive Director Micah Kubic said Kobach is either misunderstanding or misinterpreting Title IX in his suit against the rule change.

“We felt like we were fighting an uphill battle,” said D.C. Hiegert, LGBTQ+ legal fellow at the ACLU of Kansas. Hiegert said they hoped that work helped to move Republican lawmakers against the gender-affirming care ban. The ultimate goal, they said, was to convey to lawmakers that Kansans did not want this bill to go into law — especially after the number of anti-LGBTQ+ bills that passed last year. 

In 2023, Kansas enacted a law attempting to define “transgender” out of existence by restricting the definition of a “woman” to the biological function of producing ova. Not only does this definition negate the experiences of trans women and girls, but it also excludes entire categories of women who are not transgender, such as post-menopausal women, women experiencing reproductive challenges, and intersex women.

She was referring to SB 233, which passed both chambers of the Kansas Legislature and was vetoed by Gov. Laura Kelly earlier this year. Supporters of the bill plan to attempt to override it when they come back for a veto override session that begins Monday.

“We cannot overstate the harm this bill will cause to some of our most vulnerable Kansas children and their families,” D.C. Hiegert, LGBTQ+ fellow of the ACLU of Kansas, said in a statement after the veto.

"In addition to depriving parents and families of medical freedom, this bill actually punishes teachers, doctors, nurses, and more for just doing their jobs by respecting and supporting Kansas kids, including transgender kids," said the ACLU of Kansas in a statement asking Kelly to veto the bill.

"This bill attacks parents' rights to access life-saving healthcare for their kids and threatens Kansas medical providers. And it is written so broadly, it could impact spaces like schools, therapist offices, or state agencies like the Kansas Department of Children and Families," said D.C. Hiegert.