LGBTQ rights in Kansas | |
|---|---|
 | |
| Legal status | Legal since 2003 (Lawrence v. Texas) |
| Gender identity | Transgender people no longer allowed to change legal gender since 2023 |
| Discrimination protections | Sexual orientation and gender identity protections in employment, housing and public accommodations since 2020 |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2015 |
| Adoption | Same-sex couples allowed to adopt |
Lesbian,gay,bisexual,transgender, andqueer (LGBTQ) people in theU.S. state ofKansas havefederal protections, but many face some legal challenges on the state level that are not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court caseLawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis ofsexual orientation andgender identity in employment, housing, and public accommodations since 2020. Proposed bills restricting preferredgender identity on legal documents, bans on transgender people in women's sports, and bathroom use restrictions, among other bills, werevetoed numerous times byDemocraticGovernorLaura Kelly since 2021. However, many of Kelly's vetoes were overridden by theRepublicansupermajority in theKansas legislature and became law.
Two lawsuits, one in state court and the other in federal court, challenged the constitutionality of the state's ban onsame-sex marriage, and on November 4, 2014, a U.S. District Court judge ruled Kansas' ban on same-sex marriage unconstitutional. His ruling was stayed as the state sought a stay pending appeal without success, and it took effect on November 12, 2014. From November 12, 2014, to theSupreme Court's ruling inObergefell v. Hodges on June 26, 2015, marriage licenses were generally available to same-sex couples, but the state government continued to deny recognition to same-sex marriages in all other respects.
Prior toEuropean settlement of Kansas, there were no known social or legal punishments for engaging in homosexual activity. Among severalNative American tribes, customs of "two-spirit" individuals existed: people who would dress, act and live as the opposite gender, as well as perform tasks associated with the opposite gender. Such individuals are known asmíⁿxoge in theKansa language, spoken by theKaw people. The Native Americans did not share the typical Western views ofgender andsexuality.
In 1855,sodomy ("crime against nature") was made a felony with a penalty of "not less than ten years". In 1859, this was changed to "not more than 10 years". In the 1925 case ofState v. Hulbert, theKansas Supreme Court held thatfellatio, whether heterosexual or homosexual, violated the state's sodomy statute. A comprehensive reform of the law in 1969 resulted in a penalty of six months in jail and/or a fine of 1,000dollars. The revision also legalized heterosexual sodomy; Kansas was one of the first U.S. states to do so. In 1976, a proposed bill to repeal the now-only homosexual sodomy law was approved by theKansas House of Representatives by a vote of 21 to 19. However, it failed to be considered in theSenate.[1]
In 1989, inState v. Moppin, the state Supreme Court held thatcunnilingus did not violate the state sodomy statute. The Kansas Legislature acted quickly, passing a law the following year forbidding the "oral-genital stimulation between the tongue of a male and the genital area of a female." This law excluded lesbian relations but reintroduced criminal penalties for certain heterosexual conduct. In 1992, the law was amended to include lesbian relations as well.[1]
Sterilization against "habitual criminals", including those convicted under the sodomy law, has a long history in the state of Kansas. In 1913, theKansas Legislature passed a law allowing the sterilization of state inmates. This law was unanimously upheld by the state Supreme Court in 1928. By the end of 1934, 1,362 people had been sterilized under the law; 19% via the procedures ofcastration oroophorectomy, which the state defended as "limit[ing] lewdness and vice". Through 1948, the number of sterilizations had reached about 3,000, the third-highest in the entireUnited States, a majority on the ground of "insanity and mental retardation". The law was finally repealed in 1965.[1]
TheU.S. Supreme Court's 2003 decision inLawrence v. Texas rendered laws banning consensual sexual activity unenforceable, including that of Kansas.[2]State v. Limon, the first case decided under theLawrence precedent, invalidated a provision of the state'sRomeo and Juliet law that assigned harsher sentences in statutory rape cases where the parties were of the same sex.[3]
Same-sex marriage became legal in Kansas following theU.S. Supreme Court decision inObergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 29, the next business day after the decision, 25 of the state's 32 judicial districts were issuing licenses to same-sex couples, and some of those that were not had yet to receive an application from a same-sex couple.[4] By June 30, all judicial districts were either issuing same-sex marriage licenses or had announced their intention to do so. Kansas for the previous decade had recognized neithersame-sex marriages nor any other form of legal recognition of same-sex unions. The state explicitly banned same-sex marriage and all other types of same-sex unions both by statute and byconstitutional amendment.
The state's definitions and restrictions had been challenged in several lawsuits. On October 7, 2014, officials inJohnson County began accepting licenses for marriage applications, due to the Supreme Court's recent refusal to hear aUtah case now binding on Kansas. The state Attorney General filed a lawsuit in order to stop those actions. One couple obtained a marriage license and married on October 10, on the steps of the Johnson County courthouse. On October 10, 2014, the Kansas Supreme Court ordered officials in Johnson County to stop issuing marriage licenses to same-sex couples, though it allowed for court clerks to accept applications for marriage licenses from same-sex couples. It scheduled a hearing for November 6.[5]
On November 18, 2014, the Kansas Supreme Court ruled that Johnson County had been within its jurisdiction to issue marriage licenses to same-sex couples based on its interpretation of the law. It lifted the stay on Johnson County from issuing the licenses, but did not direct other counties to issue them.[6]
JudgeDaniel D. Crabtree heard oral arguments on October 31, 2014 in another lawsuit in U.S. district court,Marie v. Moser.[7] He found the state's ban on same-sex marriage unconstitutional on November 4, but stayed enforcement of his ruling for a week.[8] The state sought a stay pending appeal without success from theTenth Circuit Court of Appeals, and Crabtree's order preventing the state from enforcing its ban on same-sex marriage took effect on November 12 when theU.S. Supreme Court declined his request for a stay pending appeal.[9]
The cities ofLawrence andTopeka have established domestic partnership registries.[10][11]
In November 2012, theKansas Court of Appeals ruled in the case ofIn the Matter of the Adoption of I. M. that a single person who is not a biological parent of a child cannot petition to adopt that child without terminating the other parent's parental rights.[12] However, the Kansas Supreme Court ruled on February 22, 2013, inFrazier v. Goudschaal, that the partner of a biological parent may receive parental rights according to the best interest of the children in some circumstances, such as where there is no second parent and thus no termination of parental rights is involved, and the partner has assumed a parenting role of the children.[13]
Since the legalization of same-sex marriage, married same-sex couples have been allowed to adopt. Lesbian couples can accessin vitro fertilization, and state law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married.[14] In addition, Kansas permits and recognizes both gestational and traditionalsurrogacy contracts, though the latter may result in more legal complications than the former. The state treats same-sex and different-sex couples equally under the same terms and conditions.[15]
Kansas law allows adoption agencies to choose not to place children in certain homes if it would violate the agency's religious or moral convictions.[16]
Between 2007 and 2015, Kansas prohibited discrimination on the basis of sexual orientation or gender identity in government employment due to an executive order issued by GovernorKathleen Sebelius in August 2007.[17] GovernorSam Brownback rescinded that order on February 10, 2015.[18] In January 2019, GovernorLaura Kelly, shortly after taking office, signed anexecutive order to protect state government employees and contractors from discrimination based on their sexual orientation or gender identity.[19][20]
The cities ofFairway,Kansas City,Lawrence,[21]Leawood,Lenexa,Manhattan,Merriam,[22]Mission,[23]Mission Hills,Mission Woods,Olathe,[24]Overland Park,Prairie Village,[25]Roeland Park,[26]Shawnee,Westwood,Westwood Hills,Wichita,[27] andWyandotte County,[28] prohibit discrimination on the basis of sexual orientation or gender identity in public and private employment, housing and public accommodations.
Other cities, including the capital city ofTopeka,Emporia andHutchinson, prohibit discrimination against city employees on account of their sexual orientation and gender identity. Likewise, the county ofShawnee,[29] prohibits discrimination against county employees, but on the basis of sexual orientation only.[30]
On November 6, 2012, the voters of the cities ofSalina andHutchinson both voted to repeal city anti-discrimination ordinances on the basis of sexual orientation and gender identity.[31]
In January 2014,Kansas House Bill 2453 was introduced which would have allowed people motivated by religious opposition to same-sex relationships to refuse to provide services to same-sex couples.[32] On February 12, the Kansas House of Representatives passed the legislation by a 72–49 vote.[33] The Kansas Senate did not take up the legislation.[34] It was part of a broader movement to anticipate resistance to the recognition of same-sex marriages.[35]
Since 2016,Kansas law has prohibited public universities from "[denying] a religious student association any benefit available to any other student association based on those organizations' sincerely held religious beliefs".
On October 12, 2021, theWichita City Council voted to adopt a non-discrimination ordinance prohibiting discrimination in housing, employment and public accommodations on the basis of gender identity or sexual orientation.[36] The ordinance went into effect on October 29, 2021, and complaints were accepted beginning January 1, 2022.
On June 15, 2020, the U.S. Supreme Court ruled inBostock v. Clayton County, consolidated withAltitude Express, Inc. v. Zarda, andR.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that discrimination in the workplace on the basis of sexual orientation or gender identity is discrimination on the basis of sex, andTitle VII therefore protects LGBT employees from discrimination.[37][38][39]
In August 2020, the Kansas Human Rights Commission announced in light ofBostock that it will also investigate and resolve cases alleging discrimination in housing and public accommodations, such as retail stores and educational institutions. Any business with four or more employees will be covered; whereas the Supreme Court ruling only affects businesses with at least 15 employees.[40]
At present, Kansas'hate crime law provides penalty enhancements for the commission of a crime motivated by the victim's sexual orientation. It does not cover gender identity. However, federal law has covered both categories since theMatthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was signed into law by PresidentBarack Obama in October 2009.
In March 2024, the Kansas State Legislature passed a bill redefining content containing "acts of homosexuality" as being harmful to minors, in the same category as most forms of pornography. The law went on to require government ID-based age verification to access such material.[41]
In June 2020,Roeland Park became the first city in the state to banconversion therapy on minors.[42]Lawrence followed suit in April 2021.[43]
In October 2021,Prairie Village became the third city within Kansas to legally ban conversion therapy.[44]
Since 2023, Kansas does not issue new birth certificates with amended gender markers due to SB 180.[47]
After the passage ofSenate Bill 180, only "birth sex only for the individual" would be listed on abirth certificate and on adriver licence officially - under new laws and policies that go into legal effect within Kansas.[48][49][50] Kansas in the past couple of years legally allowed transgender people to change the sex marker on their birth certificate, driver's license and other personal documents by court order. When Kansas began allowing this, only two states remained that did not:Ohio andTennessee.[51] After the law was passed on July 1, governorLaura Kelly announced that theKansas Department of Revenue would continue serving requests for citizens to change their gender identity.[52] Kansas Attorney GeneralKris Kobach sued two officials in Kelly's administration over her denouncement of the law, and a temporary two-week restraining order was granted by judge Teresa Watson prohibiting gender identity changes to driver's licenses, citing a "public safety concern."[53][54]
In October 2018,Lambda Legal filed a suit in court arguing that the policy of denying transgender people an updated birth certificate reflecting their gender identity is unconstitutional.[55] The move followed judicial decisions striking down similar bans inIdaho andPuerto Rico earlier that year.
In June 2019, Kansas became the 48th U.S. state to allow transgender individuals to change their gender on official documents. The Office of Vital Statistics will issue an updated birth certificate upon receipt of an affidavit signed by the applicant requesting a change in sex designation, a completed "Application to Amend a Kansas Birth Certificate" form, and one of the following: an already updated driver's license, an already updated passport, or certification from a healthcare professional or mental health professional confirming "based on his or her professional opinion the true gender identity of the applicant and that it is expected that this will continue to be the gender with which the applicant will identify in the future". The Department of Revenue will issue an updated driver's license or state ID after the submission of either a court order, an already updated birth certificate, or medical attestation including a letter signed by the applicant requesting the change and a letter from a licensed physician stating that the "applicant has undergone appropriate clinical treatment or that the physician has re-evaluated the applicant and determined that gender reclassification based on physical criteria is appropriate".[56][57]
In 2022, a middle school math teacher inGeary County, Kansas sued the superintendent, complaining that the school requires her to use each student's preferred name.[58] A federal judge granted part of a preliminary injunction in favor of the teacher while her case proceeded, allowing her to out the students to their parents.[59][60]
As of February 2023[update], the Kansas State High School Activities Association stated that schools may decide on a case-by-case basis the appropriate athletic gender team for a transgender student.[61]
In both April 2021 and April 2022, theKansas Legislature passed bills (twice over) that ban transgender athletes from participating in any female sports team, but GovernorLaura Kelly vetoed both bills.[45][62][63][64]
On February 22, 2023, the Kansas House voted 82–40 to ban transgender girls from girls' sports, while the Kansas Senate voted 26–11 to ban doctors from providing gender-affirming care to minors and voted 26–10 to bar transgender people of any age from gendered public accommodations like bathrooms, requiring them to use the space associated with their gender assigned at birth. These were not veto-proof majorities: the House bill was two votes short, and the two Senate bills were each one vote short.[65] In March 2023, Governor Kelly vetoed the bill for the third time.[46]
Just immediately beforeEaster, theKansas Legislature voted (by a two-thirds majority) in both houses to override and bypass the Governor veto to enact the legislation on legally banning transgender individuals from female sports and athletics - effective from July 1.[66]
On April 12, 2024, GovernorLaura Kelly vetoed a ban on hormone therapy, puberty blockers and gender reassignment surgery for minors.[67] Republicans did not coordinate a two-thirds majority to override her veto. On February 11, 2025, Kelly again vetoed a proposed ban.[68] In late February 2025, the veto was completely overridden and bypassed by the legislature that fully enacted the gender-affirming healthcare ban on children and minors within Kansas. The law goes into effect in 30 days.[69]
In April 2023, a bill passed theKansas Legislature to explicitly legally ban any transgender individuals within bathrooms and locker rooms of schools, hotels, bars and/or other businesses big or small statewide. TheGovernor of Kansas vetoed the bill out of concern of beingunconstitutional, but theKansas Legislature overridden the veto to enact the law by a two-thirds majority. Effective from July 1.[70][71][72]
Recent opinion polls have shown that support for LGBTQ people across the U.S. state of Kansas is increasing significantly and opposition is decreasing.
A 2017Public Religion Research Institute (PRRI) opinion poll found that 57% of Kansas residents supported same-sex marriage, while 37% opposed it and 6% were unsure. Additionally, 67% supported an anti-discrimination law covering sexual orientation and gender identity. 26% were opposed.[73]
A 2022Public Religion Research Institute (PRRI) opinion poll found that 69% of Kansas residents supported same-sex marriage, while 30% opposed it and 1% were unsure. Additionally, 77% supported an anti-discrimination law covering sexual orientation and gender identity. 23% were opposed.[74]
| Poll source | Date(s) administered | Sample size | Margin of error | % support | % opposition | % no opinion |
|---|---|---|---|---|---|---|
| Public Religion Research Institute | January 2-December 30, 2019 | 492 | ? | 72% | 24% | 4% |
| Public Religion Research Institute | January 3-December 30, 2018 | 547 | ? | 70% | 26% | 4% |
| Public Religion Research Institute | April 5-December 23, 2017 | 686 | ? | 67% | 26% | 7% |
| Public Religion Research Institute | April 29, 2015-January 7, 2016 | 876 | ? | 68% | 26% | 6% |
| Same-sex sexual activity legal |  (De facto legal since 2003. The state has anti-sodomy law still on books, but unenforceable) |
| Equal age of consent (16) | (Since 2005, Romeo and Juliet's unequal laws still on books) |
| Anti-discrimination laws in employment | (Since 2020) |
| Anti-discrimination laws in housing | (Since 2020; per decision of the Kansas Human Rights Commission) |
| Anti-discrimination laws in public accommodations | (Since 2020; per decision of the Kansas Human Rights Commission) |
| Same-sex marriages | (Since 2015) |
| Joint and stepchild adoption by same-sex couples | |
| Lesbian, gay and bisexual people allowed to serve openly in themilitary | (Since 2011) |
| Gender-affirming healthcare protections |  (Banned since 2025, under a veto override)[75] |
| Transgender people allowed to serve openly in the military | (Since 2025, under a signedexecutive order)[76] |
| Intersex people allowed to serve openly in the military | (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military)[77] |
| Third gender option | |
| Conversion therapy banned on minors | / (In some cities and counties) |
| Gay panic defense abolished | |
| Right to change legal gender on official state identity documents | (Since July 1, 2023 - sex changes on birth certificates and driving licences are explicitly banned)[78] |
| MSMs allowed to donate blood | (Since 2023, under FDA regulations on the condition of being monogamous)[79] |
