Transgender Woman Defies Kansas's Extreme Bathroom Ban In Act Of Civil Disobedience At State Capitol

"I am very sorry that you and others have been put in this situation," Gov. Kelly said.

Topeka Capital Journal

Samantha Boucher openly defied the state laws of Kansas when, in the presence of the Governor and the police, she walked into the bathroom in an act of civil disobedience.

Boucher is the founder and executive director of Trans Liberty and a transgender woman. The bathroom was in the Kansas statehouse. The morning was March 31st: the Transgender Day of Visibility.

The police showed her the way. Governor Laura Kelly, who Boucher encountered along the way, accepted a gracious thanks from Boucher. Kelly had tried to veto the bathroom ban bill that Boucher was now defying, but she was overridden by a heavily conservative state legislature.

“I think this would be extremely dangerous for a Kansan to do, but ... I’m more than happy to put myself at that risk if it means that somebody else doesn’t have to, because eventually someone would try this,” Boucher told the Topeka Capital-Journal. “I’m really interested to see what the attorney general chooses to do here.”

Boucher’s modest protest transpired as the state crackdowns on trans people escalated: banning them from using bathrooms in public buildings that don’t match their sex assigned at birth, instituting a “bounty” to incentivize snitching on trans people who use the “wrong” restroom and institutions that don’t sufficiently sex-check people at the bathroom door, and most notably, revoking transgender people’s driver’s licenses if they don’t match their sex assigned at birth. Those caught with the “wrong” gender on their driver’s license could face criminal charges, making it the most extreme anti-trans ID law in the country.

None of this deterred Boucher. “I commend her for calling attention to state-sanctioned discrimination and for her bravery in challenging those who support such discrimination to put their votes into action,” Rep. Abi Boatman of Kansas’ 86th district in Wichita, told Erin in the Morning.

Boatman is one of a handful of transgender state lawmakers in the country; she is not legally allowed to use the women’s restroom in her own place of work at the Capitol, and she cannot drive to work with an ID that accurately depicts her gender.

Boucher left yesterday a free woman, but Kansas authorities are investigating the matter.

Others are not so lucky. Transgender and cisgender people alike have been caught up in the anti-trans panic—people have been harassed and filmed in the bathroom, accosted by police or security guards, physically assaulted, and arrested after using the restroom, even in states with no such “bathroom ban” on the books.

Some of these instances have been planned protests; others were unsuspecting patrons and private citizens simply using the restroom. That’s because these laws rely on piecemeal enforcement, vigilante bathroom police, self-censorship, and above all, fear.

The political landscape is especially dangerous for Black and brown trans people, who face disproportionate levels of violence and police brutality.

As Boucher approached the restrooms on the second floor, she encountered Governor Laura Kelly, who was attending an unrelated event. Boucher told the Governor what she was about to do.

“In regard to SB 244, I will use the restroom 3 times, triggering a misdemeanor,” Boucher said. “I appreciate your veto.”

Kelly commended her—and apologized. “I am very sorry that you and others have been put in this situation,” Kelly said.

According to the law, Boucher could face criminal charges as well as a $1,000 civil penalty.

Boucher was the first openly trans federal campaign manager, as per her social media. In 2019, she oversaw Democratic candidate Kimberly Graham’s Senate campaign in Iowa ahead of the June primaries. She is the founder and executive director of Trans Liberty, a trans equality PAC.

“What I hope to have accomplished here, and in whatever I become embroiled in as a result, is making sure that the nation doesn’t forget that this is happening here,” Boucher said as per local press reports. “This is unprecedented, and it cannot be allowed to stand.”