State by State · Amicus brief
ICONS backed the states challenging the 2024 federal Title IX rule, which redefined sex discrimination to include gender identity, in Kansas v. U.S. Department of Education at the Tenth Circuit.
The law in Kansas
Law in force · Covers K-12 and colleges
Kansas law, passed in 2023 over the governor's veto (after two earlier vetoes held), keeps girls' and women's teams for females in public schools and colleges and in private schools that play against them. Girls who lose a spot to a male can sue.
Past attempts
SB 55 (2021): vetoed; Senate override failed 26–14 on May 3, 2021 (bill page). SB 160 (2022): vetoed Apr. 2022; Senate overrode 28–10 Apr. 26, but the House override failed 81–41 Apr. 28, 2022 (bill page). HB 2238 (2023): vetoed, then overridden April 2023 (CNN).
The law in detail, with sources
The law
HB 2238, “Fairness in Women’s Sports Act” (2023). Vetoed by Gov. Laura Kelly in March 2023; veto overridden April 5, 2023; effective July 1, 2023 (bill page; CNN; KMBC on veto; effective date per Wikipedia).
Who it covers
Interscholastic, intercollegiate, intramural and club teams of public schools and public colleges, and of private K-12 schools and private colleges whose teams compete against public ones (enrolled text, § 3).
Notes
Girls’ teams “shall not be open to students of the male sex”; biological sex defined by reproductive biology “without regard to” gender identity. KSHSAA and the Board of Regents must adopt implementing rules. No government or athletic body may investigate or punish a school for keeping female teams. Private cause of action for students deprived of an opportunity, for retaliation, and for schools harmed; damages and attorney fees (enrolled text). No lawsuit against the sports law found. Related: SB 180 (2023, “Women’s Bill of Rights”) defines sex in state law, and a 2026 facilities law passed over a veto in February 2026 and is being challenged by the ACLU (not sports-specific) (KCUR; Topeka Capital-Journal).
In the courts and statehouses
October 16, 2024 · U.S. Court of Appeals, Tenth Circuit
Appeal dropped; rule blocked
Amicus brief in Kansas v. U.S. Department of Education (2024 Title IX rule)
ICONS backed the states challenging the 2024 federal Title IX rule that redefined sex discrimination to include gender identity. The court accepted the brief on Oct. 25, 2024; the appeal was later dismissed by agreement in March 2025.
Outcome: The federal government dropped its appeal of the injunction against the 2024 Title IX rule, and the Tenth Circuit dismissed it by stipulation on March 13, 2025. Source