Judge praises ‘tolerant, understanding, accepting’ Kansans in anti-trans law case. Say what now?

Douglas County District Judge James McCabria listens to arguments during a March 6, 2026, hearing on a new law that requires transgender individuals to use bathrooms in government buildings and gender markers on driver’s licenses that match their sex assigned at birth. (Photo by Sherman Smith/Kansas Reflector)

Shortly after uniformed Statehouse police officers dragged protesters away from the entrance to the Kansas Senate, a Douglas County judge declared the “vast majority” of state residents were kind and tolerant people, implying that bigoted discrimination was a vanishingly rare occurrence.

The officers and the judge were both grappling with the same subject. The fact that they reacted so differently proves that all of Kansas has a long, long way to go toward full equality.

The protesters gathered to voice their vociferous opposition to Senate Bill 244, an anti-trans law that had gone into effect only 12 days before and stripped transgender residents of their driver’s licenses, birth certificates, and basic human dignity. A couple of hours later, Judge James McCabria denied a request for a temporary restraining order against that law. The protesters, many of whom were LGBTQ+, directly experienced a state that not only discriminates but also passes laws to discriminate against them.

McCabria, from all appearances a white cisgender man, believes differently. What’s more, he believes that he knows better than transgender people themselves, at least according to his puzzling ruling.

He writes: “In hearing the arguments of each side, the Court is struck by a basic assumption each side makes about the other — that our ‘lesser angels’ drive our choices. Yet, the very paucity of actual examples that either side has put forward in any of the arguments suggests the opposite — that the vast majority of Kansans are tolerant, understanding, accepting and generally supportive of each other and that the vast majority of transgender persons have experienced this as Kansans.”

Please read McCabria’s full decision if you’re curious. I include links to documents like this for good reason. I want to give the fullest account of my sources for those who want to explore further. For that matter, you can delve into the text of SB 244 as well.

I’m glad that McCabria has such an optimistic view of this state and its people. I wonder how many queer Kansans he consulted in drafting his Tuesday afternoon opinion. As I wrote Saturday, a cursory inspection of comments underneath Kansas Reflector Facebook posts reveals persistent bigots willing to threaten violence and sling slurs at trans folks.

McCabria likely has a particular set of life experiences as a veteran district court judge and lawyer that allow him to don an Elton John-sized pair of rose-colored spectacles.

Needless to say, those aren’t my life experiences, or those of the “vast majority” of LGBTQ+ Kansans. Bad things have happened to gay people and transgender people in this state. Some of those bad things have been passed by the Legislature and approved by the public.

Rep. Bob Lewis proposed the amendment that requires local and state government entities to police who is using bathrooms in their buildings. (Photo by Morgan Chilson/Kansas Reflector)

Kansas deserves better than its reputation. Inasmuch as I agree with McCabria on anything, I agree with him that many (I hesitate to say most) who live here genuinely care about everyone, regardless of race, gender, sexual orientation or gender identity. One of the reasons I so love Lawrence is the dedication of residents to protecting people.

But that doesn’t mean we’re delusional.

In the wake of SB 244, I pleaded with trans folks to stay in Kansas. But their personal safety and security come above all. Some transgender Kansans may enjoy stable jobs and supportive relationships. Not everyone does. Society exacts a heavy toll on those who are different, even in the most inclusive communities.

I wish that at McCabria grappled with that reality at some point in his six-page decision. No, trans Kansans might not face snarling attack dogs or jackbooted thugs, but they do face harassment and threats of violence, gut-wrenching choices when using public bathrooms, and a political party that uses their very existence as fodder.

He breezily dismisses such possibilities: “This Court declines the invitation to assume that every employer who values and respects an employee would react in every instance by firing or harassing that employee. Or that every acquaintance would react with disfavor to having this information revealed to them. Or that every restroom visit is fraught with the potential for violence or embarrassment if this law is not immediately suspended. Or, especially, to assume the Legislature intended to promote such negative experiences when the law was passed.”

As a district court judge, McCabria faces public retention votes. So do state Supreme Court justices and appellate court judges. All have been appointed to their posts, yet all face voters every four to six years. This means that Douglas County residents have the power to strip McCabria of his judicial robes if they so choose.

The judge prevailed in his 2016, 2020 and 2024 retention elections. That means he will next be before voters in 2028.

One assumes that McCabria is quite cognizant of this fact. One also assumes that LGBTQ+ rights groups in Lawrence and throughout Kansas are watching his words and actions carefully as this case proceeds. While it may be too soon to predict how he will rule on the ultimate challenge to SB 244, voters will have strong opinions about his decision.

The judge no doubt hopes they show the same kind of tolerance, acceptance and understanding that he espoused when making their decision in the voting booth.

One word of warning to those same groups: If a campaign to oust McCabria is successful, replacing him would fall to the current governor of Kansas. That won’t be Laura Kelly, and could well be a right-wing Republican.

Who knew that living in such a supportive state could be so complicated?

Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.

Kansas Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com.