Despite emotional pleas, one of country's strictest anti-trans bills becomes law in Kentucky

FRANKFORT, Ky. – Heavy fog blanketed Kentucky’s state Capitol on Wednesday morning, at points so dense it rendered the building invisible. 

But the fuzzy outlines of people standing in throngs outside and gathering in clumps in the parking garage could not be erased. 

Hundreds of LGBTQ young people and their allies, young and old, protested in a last-ditch attempt to persuade Kentucky’s Republican-dominated Legislature to let one of the nation's toughest anti-trans bills die.

Their efforts were to no avail.

Shortly after gaveling in Wednesday afternoon, the Kentucky Senate voted to override Democratic Gov. Andy Beshear's veto of Senate Bill 150, and little more than 30 minutes later, the House followed suit, making it law.

The legislation was expected to face legal challenges to block its implementation, with Sen. Karen Berg, D-Louisville, saying a lawsuit could come as early as Wednesday evening.

"To all the trans youth who may be affected by this legislation: we stand by you, and we will not stop fighting. You are cherished. You are loved. You belong," the ACLU of Kentucky said in a statement Wednesday afternoon. "To the commonwealth: we will see you in court."

The law:

• Prohibits conversations around sexual orientation or gender identity in school for students of all grades.
• Requires school districts to forbid trans students from using the bathroom tied to their gender identities.
• Allows teachers to refuse to use a student’s preferred pronouns.
• Bans all gender-affirming medical care for trans youth.
• Requires doctors to de-transition minors in their care if they’re using any of the restricted treatment options.

Barring any court injunctions, the sections of the bill allowing teachers to misgender kids, restricting if and when students learn about topics around human sexuality and instituting bathroom bans were set to take effect immediately.

Pieces of the bill dealing with gender-affirming medical treatments will take effect in late June.

At the student-led rally Wednesday morning, scores displayed handmade posters, some draped in LGBTQ  and trans Pride flags around their shoulders. Others took smaller, preprinted signs being handed out to the crowd. 

Democratic lawmakers implored the young people to keep fighting. Bobbie Glass, a trans woman in her 70s, looked out at the crowd and said her younger self would never have believed there would be that many people rallying for transgender rights.

Then students took over, sharing personal stories and poems. Student organizers shared anonymous messages from students uncomfortable with talking about their experiences publicly.

One student wrote that their transition saved their life. Another wanted to tell lawmakers it is their choice to come out and share details of their identity, and it shouldn’t be forced out as suggested in other pieces of legislation. 

A student who tried to take their own life pleaded with the crowd and lawmakers to not do this to someone else. (A 2022 survey found more than half of transgender and nonbinary young people who responded had seriously considered a suicide attempt.)

Protesters from the morning's rally made their way into the Capitol, draping various Pride flags above the Capitol rotunda where the conservative Family Foundation was holding its own rally. The Family Foundation and other supporters of the bill say it protects children from "irreparable harm" and safeguards parents' rights.

"SB 150 will protect the lives of Kentucky children by setting policy in alignment with the truth that every child is created as a male or female and deserves to be loved, treated with dignity, and accepted for who they really are," Family Foundation leader David Walls said in a statement, calling the override "a win for children and their parents in Kentucky."

As opponents to SB 150 watched from the Senate gallery, the Senate voted to override Beshear's veto on a near party-line vote. Sen. Danny Carroll, R-Benton, was again the lone Republican to vote against the override. Sen. Robin Webb, who was the sole Democrat who voted for SB 150 earlier this month, flipped and lined up against the override.

Sen. Max Wise, the Republican bill sponsor and running mate of gubernatorial candidate Kelly Craft, defended the bill, saying it would give parents more say in the child's education and protect teachers' freedom of speech.

During the veto period, he said, he has had "a countless number of people come up to me from both sides of the aisle to say thank you for standing up for common sense."

Wise's bill had focused solely on teachers using students' pronouns, and sweeping omnibus language was added at the last moment before the veto period. In his floor speech, Wise demurred from mentioning the part of the bill that restricts gender-affirming care.

Democratic state Sen. Karen Berg used most of the opposition's allotted 10 minutes to discuss the bill by reading a December press release from the Human Rights Campaign warning of a rise in anti-trans attacks and its tie to legislation.

The release was the last thing her trans son, Henry Berg-Brousseau, published in his role as press secretary before taking his own life.

"To say this is a bill protecting children is completely disingenuous, and to call this a 'parents' rights' bill is an absolute despicable affront to me, personally," Berg said on the Senate floor.

After the Senate vote, several protesters stood silently in the gallery, flipping their thumbs down at the result.

In the House, shouting from onlookers in the gallery overwhelmed the floor debate, drowning out the voices of Democrats trying to oppose the bill. The Kentucky State Police eventually led nearly 20 protesters out of the gallery in handcuffs.

"Obviously, we welcome everybody to be here participating in their government, but we do expect proper levels of decorum to be maintained to allow us to conduct our business," House Speaker David Osborne told reporters Wednesday evening. He said state police made the call to remove protesters, not House leadership.

Four of the House's Republicans joined nearly every Democrat in voting against the veto override: Reps. Killian Timoney, Kim Moser, Kim Banta and Stephanie Dietz. Rep. Ashley Tackett Laferty remained the sole Democrat to support the measure.

"While we lost the battle in the legislature, our defeat is temporary. We will not lose in court. And we are winning in so many other ways," Chris Hartman from the Fairness Campaign said in a statement, pointing to the dozens of young people who came to the Capitol to protest the bill.

One of them is June Wagner, a 17-year-old high school junior who is trans and nonbinary. During the 2023 legislative session, Wagner repeatedly made the trek from Danville to Frankfort to protest and watch committee hearings and helped organize rallies at school.

They said they’ve felt helpless in this fight. “My own government is working against me,” Wagner told the crowd.

A recent Mason-Dixon poll showed a majority of Kentuckians oppose measures like SB 150, Wagner said. How can I make my voice heard? they questioned. I’m doing it now, they responded as the crowd cheered.

“We will scream at the top of our lungs,” Wagner said, until they are heard. “No matter how much my voice hurts.”

Kentucky's 2023 legislative session ends Thursday.

This story discusses suicide and mental health issues. If you're in crisis, help is available: Call the national 988 Suicide and Crisis Lifeline by dialing 988 orchatting online. If you or someone you know needs trans peer support, you can callthe Trans Lifeline at 877-565-8860 or visittheir website. LGBTQ youth can get support from the Trevor Project by calling 866-488-7386 or visitingits website.

Reach Olivia Krauth at okrauth@courierjournal.com and on Twitter at @oliviakrauth.