Kentucky's Sb150: Law Status And What's Next

The Kentucky General Assembly overrode Democratic Governor Andy Beshear's veto of the controversial Senate Bill 150 on March 29, 2023, with the bill becoming law shortly thereafter. The bill, sponsored by Republican Senator Max Wise, bans gender-affirming care and lessons on gender identity and sexual orientation for transgender youth, and prevents trans students from using bathrooms that correspond with their gender identity. With the bill now law, it is expected to face legal action from groups such as the ACLU of Kentucky, who have stated their intention to challenge the measure in court.

The bill bans gender-affirming care for trans youth

Kentucky's Senate Bill 150 (SB150) is a sweeping anti-LGBTQ+ bill that includes a ban on gender-affirming care for transgender youth. The bill was passed in 2023 by the state's GOP-dominated legislature and signed into law by the Republican attorney general, Daniel Cameron, despite a Democratic gubernatorial veto.

SB150 prohibits gender-affirming healthcare for individuals under 18, including puberty-delaying medications, hormone therapy, and surgery. While mental healthcare is still accessible and not restricted by the law, the bill's impact on gender-affirming care has been significant. The law is currently in effect and has sparked strong reactions from both supporters and critics.

Proponents of the bill, like Kentucky's Republican Attorney General Daniel Cameron, have applauded the ruling, calling it a "win for parents and children." Cameron expressed gratitude for the judge's decision, stating that it protects Kentucky's youth. He is currently challenging the current Democratic governor, Andy Beshear, in the race for the governor's seat in the closely watched 2023 election.

On the other hand, transgender rights advocates have denounced the bill, arguing that it interferes with parental rights to seek established medical treatment for their children and causes immediate harm to transgender youth and their families. Chris Hartman, executive director of the Fairness Campaign, an LGBTQ+ advocacy group in Kentucky, strongly criticised the bill, stating, "What the courts are allowing to happen to LGBTQ people right now is an American tragedy, one that will besmirch the legacy of every judge who has opened the door to LGBTQ discrimination."

The bill's ban on gender-affirming care for transgender youth has also led to legal challenges. Seven transgender children and their parents sued to block the law, arguing that it violates their constitutional rights. This lawsuit, named Doe v. Thornbury, focuses solely on allowing minors to access gender-affirming care and does not seek to overturn the ban on gender-affirming surgeries for minors. While the lawsuit initially resulted in a temporary block on the enforcement of the law, a federal judge's recent ruling lifted this injunction, allowing the ban on gender-affirming care to take effect. Despite this setback, the American Civil Liberties Union (ACLU) of Kentucky remains confident in achieving a positive outcome in a federal court.

The U.S. Supreme Court is expected to rule on a similar case from Tennessee, which is linked to Kentucky's case due to their shared federal Court of Appeals. This decision, anticipated in June 2025, will have significant implications for transgender rights nationally and will determine the fate of Kentucky's ban on gender-affirming care for transgender youth.

It prohibits lessons on gender identity and sexual orientation

Senate Bill 150 (SB 150) in Kentucky prohibits lessons on gender identity and sexual orientation. The bill, which was passed in 2023, includes several provisions related to education and transgender students. One of the most notable aspects of the bill is its prohibition of lessons on gender identity and sexual orientation in schools. This means that school districts are not allowed to provide any instruction or programming that involves students studying or exploring these topics. The bill also prevents schools from requiring teachers to use a student's preferred pronouns if they do not align with their sex assigned at birth.

The Kentucky Department of Education (KDE) has released guidance to schools and districts on how to interpret and implement the new law. One point of contention is the use of the word "or" in the bill, which some have interpreted as giving schools a choice between prohibiting lessons on human sexuality and STDs in grades K-5 or prohibiting lessons on gender identity and sexual orientation for all grades. The KDE guidance states that schools should choose one of these two options, which has been criticised by some lawmakers who argue that both rules should be followed. However, the guidance is not mandatory, and schools are still free to make their own interpretations.

The bill also includes new restrictions on transgender students' access to bathrooms. Schools are now required to provide "the best available accommodation" to students who assert a gender different from their biological sex, but this does not include the use of bathrooms, locker rooms, or shower rooms designated for students of the opposite sex. This aspect of the bill has also been controversial, with the KDE citing a court ruling that "sex stereotyping based on a person's gender non-conforming behaviour is impermissible discrimination".

The impact of SB 150 on transgender students and the LGBTQ+ community in Kentucky has been widely discussed and criticised. Some people argue that the bill is harmful to transgender and LGBTQ+ youth, limiting their access to important information and resources and contributing to a hostile environment. There have been protests against the bill, and some school districts are unsure how to interpret and implement the new law. The bill has also been criticised for being rushed through the legislature without adequate time for public feedback.

Overall, the prohibition of lessons on gender identity and sexual orientation in SB 150 is just one aspect of a broader set of laws that limit the rights and protections of transgender and LGBTQ+ students in Kentucky. The full impact of these laws remains to be seen, but they have already sparked significant controversy and concern.

Trans students are prevented from using the bathroom that corresponds with their gender identity

Kentucky's Senate Bill 150 (SB150) is considered one of the worst anti-trans bills in the country. The bill, passed in 2023, includes provisions that directly impact trans students' bathroom access.

The bill requires school districts to create explicit bathroom policies that restrict students from using bathrooms, locker rooms, or shower rooms that do not correspond with their biological sex. This means that trans students are prevented from using the bathroom that aligns with their gender identity, as they must use the facilities designated for their sex assigned at birth.

The Kentucky Department of Education (KDE) has released guidance to school districts on implementing these bathroom policies. They advise that districts can no longer allow students whose biological sex does not match the facilities to enter those spaces. However, before enforcing these policies, districts must allow for public comment on the issue at an open meeting.

The bill also includes provisions that impact other aspects of trans students' experiences in schools. For example, teachers are prohibited from discussing sexual orientation or gender identity with students, regardless of age. Additionally, the bill limits the authority of the Kentucky Board of Education and the Kentucky Department of Education regarding student pronoun usage and parental rights.

The ACLU of Kentucky has voiced its intention to take legal action against SB150, and a lawsuit, Doe v. Thornbury, has been filed by seven families of trans youth to block the bill's restrictions on gender-affirming care. The outcome of this legal challenge will have significant implications for trans rights, not just in Kentucky but also across the country.

School districts cannot require teachers to use a student's pronouns if they don't align with their sex assigned at birth

In February 2023, the Kentucky Senate Education Committee passed Senate Bill 150 (SB 150), which included a provision to prevent the Kentucky Board of Education, the Kentucky Department of Education, and local districts from requiring teachers to use students' preferred pronouns if they don't align with their sex assigned at birth. The bill was introduced by Republican Senator Max Wise, who argued that it would strengthen communication and parent empowerment.

The bill sparked controversy and was met with opposition from LGBTQ+ advocates and some Kentucky lawmakers. Critics argued that it would endanger the lives of transgender students in Kentucky and allow teachers to misgender students without repercussions, potentially harming their health, safety, and self-esteem. One opponent, Senator Reggie Thomas, highlighted the lack of sanctions for teachers who misgender students, questioning how this would support the well-being of children. The bill was also seen as a political move by the GOP gubernatorial candidate Kelly Craft and her running mate, Senator Wise, to gain votes by appearing more conservative than their rivals.

Despite the criticism, SB 150 passed the Senate Education Committee with an 11-1 vote and proceeded to the full Senate for a vote. The Kentucky Department of Education (KDE) had previously recommended that educators use students' preferred names and pronouns when requested and maintain confidentiality if students voluntarily disclosed their sexual orientation or gender identity. However, with the passing of SB 150, the KDE is no longer able to provide such guidance to schools or districts regarding the use of requested pronouns.

The new law immediately went into effect due to an emergency clause included in the legislation. It not only impacts the use of pronouns but also bans lessons on gender identity and sexual orientation, prevents transgender students from using bathrooms corresponding with their gender identity, and prohibits schools from keeping student information confidential from parents.

The bill has been called the most extreme anti-LGBTQ legislation in the country

Kentucky's Senate Bill 150, which was passed in February 2023, has been labelled by many as the most extreme anti-LGBTQ legislation in the country. The bill, which primarily targets LGBTQ+ youth, bans gender-affirming care for minors and restricts what schools can teach about human sexuality and gender identity. It also prevents teachers from creating safe and inclusive classrooms for LGBTQ+ students, going as far as allowing teachers and students to misgender their classmates and prohibiting schools from requiring the use of correct pronouns.

The bill has been met with strong opposition and has been described as a "shameful, mean-spirited bill designed to make LGBTQ+ students feel isolated". Kentucky Sen. Karen Berg, D-Louisville, said to those who voted yes on the bill, "Your vote yes on this bill means one of two things: Either you believe that trans children do not exist, or you believe that trans children do not deserve to exist." The American Civil Liberties Union (ACLU) of Kentucky and the National Center for Lesbian Rights have sued to block the implementation of the bill, specifically the sections banning gender-affirming care and prohibiting schools from teaching about human sexuality and gender identity.

The bill also faced criticism for being rushed through the legislative process. It was passed by both chambers in one day, with nearly every Republican voting for it. This quick passage occurred just before the veto period, meaning that even though Governor Beshear, a Democrat, vetoed the measure, the General Assembly was able to override his veto.

The impact of this bill is likely to be significant, with opponents fearing the mental health consequences it will have on vulnerable young people. A Mason-Dixon poll conducted before the bill's passage showed that 71% of Kentucky voters opposed the ban on gender-affirming care. The bill also attracted attention from the Department of Justice, which agreed that banning essential healthcare for trans youth violates the Equal Protection Clause of the US Constitution.

Despite the strong opposition and ongoing legal challenges, supporters of the bill remain steadfast. Senator Max Wise, the primary sponsor of SB 150, has dismissed attempts to block the bill as "bureaucratic activism". He and other Republicans intend to correct a conjunction error in the bill during the 2024 General Assembly session, solidifying their commitment to upholding the legislation.

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