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Culture The Advocate

Kansas anti-trans bathroom law leaves even state officials confused

There may be a few public restrooms in Kansas where the state’s expansive anti-trans bathroom law won’t apply.Kansas Attorney General Kris Kobach issued an opinion exempting certain spaces from the requirement that restroom facilities be segregated based on gender assigned at birth. The Republican issued an opinion in response to a request from Democratic Gov. Laura Kelly’s office, according to the Kansas Reflector.Kelly’s office said the law was overly vague and wanted clarity on whether it would apply even to restrooms used in Kansas Department of Wildlife and Parks cabins or to skilled nursing rooms at the Kansas Office of Veterans’ Services.Related: Kansas judge refuses to block law voiding transgender residents’ drivers’ licenses & policing bathroomsRelated: Kansas immediately revokes transgender residents’ driver’s licensesKobach said the law should be interpreted to apply in places where people may find themselves in the same space as someone of the opposite sex assigned at birth. Restrictions on bathroom access in government-owned facilities, he said, generally don’t apply to private spaces.“The debate surrounding SB 244 focused on the types of rooms listed in the statute — restrooms, locker rooms, changing rooms, and shower rooms — and the risks to safety and privacy when individuals of one biological sex use facilities designated for individuals of the opposite biological sex,” Kobach wrote.That means there is no restriction, for example, on married couples sharing a space at a nursing home, no requirement to have separate bathrooms at park cabins, and no expectation that facilities impose limits on skilled nursing rooms.Related: Transgender woman defies Kansas bathroom law inside state CapitolRelated: Kansas lawmakers override governor's veto of anti-trans 'bathroom bounty' billHe did say, however, that state prisons must adhere to restroom restrictions, including in multi-occupancy cells. Kobach, who has a controversial record

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