In a decisive legislative move, the Kansas Legislature has overridden Governor Laura Kelly’s veto to enact the Help Not Harm Act, effectively banning gender-affirming medical treatments for minors.
This action aligns with recent federal directives under President Donald Trump‘s administration, intensifying the national discourse on transgender rights and healthcare.
Legislative Action and Veto Override
On February 18, 2025, the Republican-majority Kansas House voted 85-34 to override Governor Kelly’s veto, followed by a 31-9 vote in the Senate, both strictly along party lines.
This legislative action prohibits healthcare providers from administering treatments, including puberty blockers, hormone therapies, and surgeries, to minors whose gender identity differs from their sex assigned at birth.
Additionally, the act restricts the use of state funds to promote gender transitioning and mandates professional disciplinary measures for providers who perform such procedures on minors.
Governor’s Opposition and Concerns
Governor Kelly vetoed the bill on February 11, 2025, expressing concerns that the legislation infringes upon parental rights and could have broader socio-economic implications.
She emphasized the need for the legislature to focus on pressing issues like rising living costs, stating, “Right now, the Legislature should be focused on ways to help Kansans cope with rising prices. That is the most important issue for Kansans.
That is where my focus is.” Kelly also warned that the bill could drive families, businesses, and healthcare professionals out of Kansas, potentially stifling the state’s economy and exacerbating workforce shortages.
Federal Influence and Executive Orders
The state’s legislative decision mirrors federal actions, notably President Trump’s executive order titled “Protecting Children from Chemical and Surgical Mutilation,” signed on January 28, 2025.
This order prohibits federal support for gender-affirming care for minors under 19, describing such treatments as “chemical and surgical mutilation.”
The order directs federal agencies to cease funding and promotion of gender transitions for minors and mandates the enforcement of laws limiting these procedures.
In response, the U.S. Department of Health and Human Services (HHS) updated its definitions of “male” and “female” to align with the executive order, asserting that sex is binary and immutable.
Advocacy and Opposition
Proponents of the Help Not Harm Act argue that it safeguards children from making irreversible medical decisions at a young age.
Republican Senate President Ty Masterson stated, “Today, a supermajority of the Kansas Senate declared that Kansas is no longer a sanctuary state for the maiming and sterilization of minors.” Conversely, critics, including parents of transgender children and civil rights organizations, contend that the law infringes on personal freedoms and medical rights.
The American Civil Liberties Union (ACLU) of Kansas condemned the legislature’s action, with Executive Director Micah Kubic expressing concern over the potential harm to transgender youth and the violation of their rights.
National Context and Legal Challenges
Kansas joins a growing list of states enacting similar bans, with 27 states now prohibiting gender-affirming care for minors.
These state-level actions, coupled with federal directives, have led to a complex legal landscape. Several lawsuits have been filed challenging the constitutionality of such bans, and a decision from the U.S. Supreme Court in the case of United States v. Skrmetti is anticipated later this year.
In the interim, some hospitals have paused gender-affirming services for minors due to legal uncertainties and potential funding repercussions.
Implications for Healthcare Providers and Families
The enactment of the Help Not Harm Act places healthcare providers in a challenging position, balancing legal compliance with medical ethics and patient care standards.
Families of transgender youth express heightened anxiety and uncertainty regarding access to necessary medical treatments.
Some states, such as New York, have introduced measures to protect access to gender-affirming care, leading to a fragmented national approach to transgender healthcare rights.
| Date | Action |
|---|---|
| January 28, 2025 | President Trump signs executive order “Protecting Children from Chemical and Surgical Mutilation.” |
| January 31, 2025 | Kansas House passes the Help Not Harm Act with an 83-35 vote. |
| February 11, 2025 | Governor Laura Kelly vetoes the Help Not Harm Act. |
| February 18, 2025 | Kansas Legislature overrides the veto; House votes 85-34, Senate votes 31-9. |
Note: The above table summarizes the critical legislative actions and corresponding dates related to the Help Not Harm Act in Kansas.
The Kansas Legislature’s decision to override the gubernatorial veto and enact the Help Not Harm Act reflects a significant shift in the state’s approach to transgender healthcare for minors.
This legislative action, influenced by recent federal policies, underscores the ongoing national debate over transgender rights, medical ethics, and the role of government in personal healthcare decisions.
As legal challenges proceed and societal discussions continue, the outcomes in Kansas may serve as a bellwether for similar policies across the United States.