Kansas anti-trans bathroom law leaves even state officials confused

Kansas Attorney General Kris Kobach issued an opinion interpreting the state’s anti-trans bathroom law as applying only in settings where people of opposite sex assigned at birth may share the same space. The opinion distinguishes between government-owned facilities and private spaces, stating that restrictions generally do not apply to private areas. Kobach said the law should cover rooms listed in the statute, including restrooms, locker rooms, changing rooms, and shower rooms, based on safety and privacy concerns. The opinion indicates no separate-bathroom requirement for married couples in nursing homes, no separate facilities for Kansas Department of Wildlife and Parks cabins, and no limits for skilled nursing rooms. State prisons must still follow restroom restrictions, including in multi-occupancy cells.

"Kobach 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."

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