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 February 17, 2026

Kansas governor vetoes biological sex bathroom bill despite supermajority support in legislature

Kansas Governor Laura Kelly vetoed a Republican-backed bill on Friday that would have required restrooms and locker rooms in government buildings to be separated by biological sex. The veto landed despite the bill clearing both chambers of the state legislature with more than two-thirds support — the exact threshold needed to override her.

Republican lawmakers aren't letting it go. They're already planning an override vote.

What the bill actually does

The legislation is straightforward, according to Breitbart. Public schools, universities, and other government buildings would designate bathrooms and locker rooms according to biological sex. It would also bar Kansas residents from changing the sex marker on state-issued driver's licenses and birth certificates.

The bill includes common-sense exceptions:

  • Children up to age eight could use opposite-sex restrooms when accompanied by a caregiver.
  • Coaches could enter opposite-sex locker rooms as long as everyone present was clothed.

Violators would face fines or civil suits of $1,000, with repeated violations carrying potential criminal charges.

Republican state Rep. Bob Lewis put it plainly after the bill passed:

"It just codifies social norms. When people go into bathrooms or locker rooms, there's just an expectation that it'll be single-sex."

That's it. That's the radical legislation the governor couldn't stomach.

Kelly's deflection

The governor offered the kind of response that sounds reasonable for exactly as long as you don't think about it:

"I believe the Legislature should stay out of the business of telling Kansans how to go to the bathroom and instead stay focused on how to make life more affordable for Kansans."

This is a neat trick — reframe a bill protecting women's private spaces as government overreach, then pivot to the economy as though legislators can only work on one thing at a time. The Kansas legislature managed to pass this bill and conduct the rest of its business. Walking and chewing gum isn't the constitutional crisis Kelly wants it to be.

She also called the bill "poorly drafted" and suggested it could have implications beyond bathroom use, though she didn't elaborate with any specifics. When a governor vetoes a bill that passed with supermajority support, voters deserve more than vague gestures toward unspecified consequences.

The math doesn't lie

Here's what makes this veto unusual — and possibly short-lived. The bill didn't squeak through on a party-line razor's edge. It cleared both the Kansas House and Senate with more than two-thirds of members voting yes. That's not a narrow conservative wish list item. That's a consensus position in a state legislature that includes moderates from both parties.

Republican House Speaker Dan Hawkins didn't mince words:

"Instead of standing with the overwhelming majority of Kansans on this issue, the Governor chose to appease her most radical supporters at the cost of women and girls in our state."

Hawkins has the receipts. When your own legislature hands you a bill with veto-proof margins, vetoing it isn't leadership — it's a signal about who you answer to. And it isn't the people of Kansas.

A pattern in Topeka

This isn't Kelly's first time on the wrong side of this fight. In 2025, the Kansas legislature successfully overrode one of her vetoes to pass a law banning pharmaceutical interventions that alter sex characteristics in minors. That law is now being challenged in state court, but it stands — because legislators had the votes and the resolve to push past the governor's objections.

The playbook is familiar. Kelly vetoes popular legislation on gender ideology. Republicans override when they can. The courts get involved. Meanwhile, the governor gets to tell progressive donors she tried.

It's a comfortable arrangement for Kelly — she absorbs no political cost from the left, and when the override succeeds, she can shrug and say she did her part. The only people who lose are the ones the bill was designed to protect.

Who this is really about

Strip away the political theater, and what remains is a simple question: Should women and girls have the right to private spaces separated by biological sex in public buildings?

More than two-thirds of Kansas legislators said yes. The governor said no — or more precisely, said she'd rather talk about something else.

The override vote will tell us whether Kelly's veto was a speedbump or a dead end. Given the margins, Republicans have every reason to push forward. The legislature already showed it has the numbers. Now it needs to show it has the will to use them twice.

Kansas women and girls shouldn't have to wait for a governor to catch up with the supermajority that represents them.

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