Mostly along partisan lines, legislature overrides governor's veto of bill that would ban gender-affirming care to minors in Kentucky

Nineteen protesters opposing Senate Bill 150 in the gallery were arrested as the House voted to override the veto of a bill to ban gender-affirming care for Kentucky's youth. (Photo by Melissa Patrick)

By Melissa Patrick
Kentucky Health News

Republicans in the Kentucky House and Senate voted Wednesday to override Democratic Gov. Andy Beshear's veto of Senate Bill 150, which bans gender-affirming care for trans youth and sets rules around how issues of sexuality should be addressed in schools. 

The Senate voted 29-8 to override the veto, with one Republican voting against the override and one Democrat changing her vote. Soon after, the House voted 76-23 for the override, with four Republicans voting against the measure and one Democrat voting for it. 

Protesters were chanting loudly from the halls while the Senate overrode the veto. In the House,  protesters in the gallery yelled, "Henry, Zachee -- they should be with us today." 

This chant was in reference to Sen. Karen Berg's 24-year-old transgender son, Henry, who died by suicide in December and the shooting death of a Louisville transgender woman, Zachee Imanitwitaho. 

Kentucky State Police arrested 19 of the protesters, according to the Lexington Herald-Leader. 

"KSP gave each individual the option to leave without any enforcement action or be placed under arrest,” Capt. Paul Blanton, a KSP spokesperson, told the Herald-Leader in a prepared statement.

Earlier that morning, hundreds of LGBTQ+ youth and their supporters rallied to ask the lawmakers to not override Beshear's veto. 

Before being removed, the protesters in the House were so loud that it was difficult to hear the lawmakers explaining their "no" votes during the veto override, even with their efforts to be heard. 

Senate Bill 150, sponsored by Sen. Max Wise, R-Campbellsville, would ban gender-affirming treatment for Kentuckians under 18, including surgeries and puberty-blocking hormones, even if parents want the treatment for their children.

It would bar schools from requiring teachers to use a transgender student's preferred pronouns, keep trans students from using bathrooms that fit their gender identity, and bans instruction that explores "gender identity, gender expression or sexual orientation," among other sex-education requirements.

Wise focused his comments on the school-related requirements, with little said about the bans on gender-affirming care for trans youth. 

"The goal is to strengthen parental engagement and communication in children's education while protecting the safety of our children," he said while explaining the bill on the Senate floor. 

“I’ve had countless number of people coming up to me from both sides of the aisle to say, ‘Thank you for standing up for common sense. Thank you for standing up and being willing to stand in that gap, to be willing to take whatever it is thrown our way,’’ Wise said on the Senate floor while explaining the bill. “If it’s hit jobs from newspaper activists, if it is for standing up for parents, for those that do not show up here in committee meetings to testify because they’re working and because they are also dependent upon us in a representative democracy, that we can make common sense decisions here that protect our children.”

Berg opened her remarks by reading the words her son, Henry Berg-Brousseau, wrote for the Human Rights Campaign that was published the day before he took his life.  

"To say this is a bill protecting children is completely disingenuous. And to call this a parent rights bill is an absolute despicable affront to me personally," she said. "We are denying families their physicians and their therapists the right to make medically informed decisions for their families. Not a single reputable society, National Medical Society in this country, supports what we are doing today. The data at this point is unequivocal.  The misinformation is appalling. Appalling that you allow this information to stand." 

Sen. Danny Carroll of Benton was the only Republican to vote against the measure. He said it was an "uncomfortable place to be" to go against his entire caucus, but he was convinced it was the right thing to do, later adding that if having access to puberty-blocking hormones saved just one child's life, they should be available to them. 

"My fear and my no vote is for those kids that are being left you Those kids that may be contemplating suicide, that may need to delay puberty, that that could have a huge impact on them. We're taking away an option that a family that a doctor would have -- we're not doctors, with the exception of a couple of us, we're not doctors, I trust them to make the right decisions when they are dealing with those kids in those specific instances." 

Sen. Robin Webb, D-Grayson,  initially voted in favor of the bill but said after further "reflection and evaluation" she voted against voting to override Beshear's veto of SB 150. Over and again, she called the bill a "bad product." She said there were parts of the bill that she could support and that the amendment offered by Carroll that was not called up for a vote was " a rational solution and a much better product." Further, she said the bill had "legitimate constitutional issues" and contradictions. 

"This discussion is not over," she said. "We will get to revisit this I'm sure once it gets through the courts. And I'm going to serve with the senator from McCracken in making sure that we achieve what the intention of this legislation is and to better perfect the provisions of it that I personally support." 

While explaining his "yes" vote, Sen. Chris McDaniel, R- Ryland Heights, said, "The bill is intended to balance the needs and desires of families with children who are following a conventional path of human sexuality, while making reasonable accommodations for those who have a different path." Later adding that the bill strives for a balance for all citizens "while protecting the rights of the minority, while respecting the will of the majority." 

It is unclear what majority McDaniel is referring to. A Mason-Dixon poll by the Fairness Campaign, a pro-LGBTQ+ rights advocacy group that paid for the poll question, showed 71 percent of respondents oppose laws letting state leaders overrule parents' wishes for gender-affirming care for their child.

In the House, 16  of the 20 Democrats stood to passionately explain their "no" votes, as there was no discussion allowed on the measure before the vote because of the protesters. No one stood to explain their yes vote. 

"This is dangerous policy, passed by poor process, supported by junk science," said Josie Raymond, D-Louisville, "We should not override this veto." 

Minority Leader Derrick Graham of Frankfort said, "Over my 21 years, this is the worst bill I've had to vote for on this floor. . . .  For over 40 years, you want limited government, you want local control, you believe in individual responsibilities, and government intervention is not the real answer to solving our problems. Well, all of those four things that I just went off and talked about, you've done. You've invaded on the rights of the parents, you've invaded on the rights of the individuals who were here today." 

The four House Republicans who voted against the veto override were Reps. Killian Timoney, Kim Moser, Kim Banta and Stephanie Dietz. Rep. Ashley Tackett Laferty was the only Democrat to support the measure.

The bill is expected to face a legal challenge. 

"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 American Civil Liberties Union of Kentucky said in a statement. "To the commonwealth: we will see you in court."

The ACLU has called this bill the most extreme anti-trans bill in the United States.

The Family Foundation of Kentucky praised the override. 

"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 executive director David Walls said in a statement.

Anderson Co. schools paying teachers to get vaccinated, but one board member incorrectly calls vaccines 'experimental drugs'

Editor's note: None of the three vaccines approved for use in the U.S. are experimental. The Pfizer-BioNTech vaccine has been permanently licensed, and the Moderna vaccine has applied for a license. It and the Johnson & Johnson vaccine are approved by federal agencies for use in the pandemic emergency. Worldwide, 3.7 billion people have received at least one dose of coronavirus vaccine and nearly 2.8 billion are fully vaccinated.

By Christian Marnon
The Anderson News

Anderson County Public Schools employees who are fully vaccinated or become vaccinated for the coronavirus by Dec. 1 are now eligible for a one-time $100 payment.

In a 4-1 vote, the Anderson County School Board approved that option during a special-called meeting last Wednesday evening.

Supt. Sheila Mitchell said after the meeting that booster shots are presently “not included in the structure,” adding that funds for the incentive will be reimbursed by the state Department of Education and federal coronavirus relief funds.

Anderson County (Wikipedia map)

During discussion of the motion among the school board, member Peggy Peach said she could not endorse “experimental drugs.”

“When people are paid to try experimental drugs, it’s called a drug study,” she said. “In the case of these vaccines, there’s no one taking responsibility for the side effects or long-term effects down the road. I vote no to this.”

Peach also cautioned about liability. “If you pay someone to do this, you’re going to be responsible,” she said.

Board member Rose Morgan parried that the incentive should be doubled. “I think we should add another $100,” she said.

Board member Scott Brown said he partially aligned with Peach’s argument, but nevertheless said the option should be available for those who want it. “I don’t think it would be a big impact on our district,” he said.

Board Chairman James Sargent approved the motion and endorsed vaccination: “I think we ought to encourage vaccination, that’s my thought.”

Anderson County has a relatively high vaccination rate; 62% of its people have received at least one dose of vaccine, just above the statewide percentage, and 56% are fully vaccinated.

Child-care workers can now get vaccinated for the coronavirus

Dept. for Public Health graph, relabeled by Ky. Health News; to enlarge the image, click on it.

By Melissa Patrick

Kentucky Health News

After months of feeling frustrated that they were not placed on a par with school personnel, which would have prioritized them to get a shot for the novel coronavirus, child-care workers have been placed in Phase 1B and can move to the front of the line, Gov. Andy Beshear announced Monday.

"The decision to move child-care workers up was based on both listening to those individuals, understanding where they were coming from, but just as importantly" the Centers for Disease Control and Prevention "moving them up as well . . . without significant announcement or fanfare," Beshear said at a news conference. "We're where we think the timing is right for it."

The state is now vaccinating those in Phase 1A , which includes long-term-care and assisted-living facilities and health-care personnel and 1B, which includes first responders, anyone 70 and older, K-12 school personnel and, now, child-care workers.  

Beshear said child-care workers can now sign up at any location that offers the vaccine, and health departments are being asked to focus on them and people 70 and older.

Deborah Yetter of the Louisville Courier Journal has reported about the frustrations of this group of essential workers. She writes, "In a Jan. 15 letter, 20 organizations led by the United Way of Kentucky sent an "urgent request" to the Beshear administration asking that child-care workers be included with other school staff for vaccine priority." 

Kentucky was expected to wrap up vaccinating all of its K-12 teachers and school staff who wanted the coronavirus vaccine last week, making it the first state to accomplish that task, Education Week reports. The teachers' union, the Kentucky Education Association, supported Beshear's election.

Many teachers continue to work remotely, but Beshear has said getting them vaccinated would make reopening schools safer. The CDC said last week that wasn't required if other safeguards were followed.

Beshear reported that over 12 percent of Kentuckians have received a first dose of vaccine. The state's vaccine report shows 538,298 Kentuckians have received their first shot. 

Cabinet for Health and Family Services Inspector General Adam Mather announced that CVS Health and Walgreens, which have provided vaccines to the state's long-term care facilities through a federal program, are now offering their third and final clinics, where only second doses will be given. 

As of Feb. 1, only 45% of long-term care staff had been vaccinated through this program, according to state data. Health Commissioner Steven Stack said last week that any staffer who did not get vaccinated through the program can still sign up at any of the state's locations because they are health-care workers.

Mather said CVS and Walgreens, working with the state, have expanded the program to seniors in low income housing, adults in the Acquired Brain Injury waiver program and participants in the Supports for Community Living program. Mather said they vaccinated over 2,000 people in these groups Feb. 12-14. 

Beshear acknowledged that canceling and rescheduling vaccinations because of bad weather has created anxiety, but assured Kentuckians that they would get vaccinated. "We will get you that shot of hope," he said. 

Today's numbers: The state put numbers on what Beshear announced Sunday, that the state has had five weeks of declining cases for the first time since the pandemic surfaced in Kentucky 49 weeks ago. Cases declined from a high of 26,799 the week beginning Jan. 4, to 13,008 in the week ended Sunday. 

"This is the type of decrease that we want to see and we want to keep it going," Beshear said. "If we can keep it going, we can look at easing some capacity restrictions, maybe being able to do a little bit more . . . this makes everything safer around us, so let's continue this good work." 

The share of Kentuckians testing positive for the virus in the last seven days fell again, to 6.57%. This rate, which Beshear called a leading indicator that shows how "hot" a state is, has also dropped for five weeks in a row.

Dept. for Public Health graph, relabeled by Ky. Health News; to enlarge the image, click on it.

The governor also cautioned that it will be important to remain careful and to continue to do the "right things" because of the new coronavirus variants, which can potentially spread more quickly. 

Beshear announced 723 new cases of the virus Monday, cautioning that the number could be low because the weather could have affected health departments' ability to report.  "But, this does follow the trend we have been seeing and so we hope that we'll continue to see that in the data as we go."

The state's seven-day rolling average of new cases fell to 1,539 per day, the lowest since Oct. 28. However, its seven-day infection rate is fifth in the nation, says The New York Times' compilation.

As case numbers drop, so do county-level infection rates. Today, 41 of the state's 120 counties are no longer in the red zone, for counties with averaging 25 cases per 100,000 residents in the last seven days. 

Statewide, the infection rate is 30.68 per 100,000 people. Counties with rates more than double that rate are Marion, 63 per 100,000; Metcalfe, 68.1; McCreary, 82.1; Owsley, 84.1; Clinton, 85.3; and Russell, 92.5. 

Kentucky hospitals reported 969 Covid-19 patients, the first time that number has been below 1,000 since Nov. 2. A higher-than-usual share of them, 268, were in intensive care, and 132 of those were on ventilators, but all three metrics continued a downward trend. Only one hospital readiness region had 80% or more of its ICU beds filled: Lake Cumberland, at 88.9%

Beshear reported nine more deaths from Covid-19, all but one of them confirmed. That brings the state's death toll to 4,291. 

"There was a time when nine new deaths were tough to hear, and it's still tragic," Beshear said. "And again, if this is us moving in the right direction, we'd like to see a lot fewer than we've recently had to report."

In other coronavirus news Monday: 

• Today's fatalities were a Hancock County man, 78; a Hopkins County woman, 64; three Shelby County men, 73, 79 and 91; two Spencer County women, 73 and 84; and two Spencer County men, 73 and 88. 
• Counties with 10 or more new cases were Jefferson, 144; Fayette, 60; Madison, 36; Boone and Pike, 27; Warren, 24; Bullitt and Kenton, 23; Carter, 21; Daviess, 18; Campbell, 16; Whitley, 14; Jessamine, 13; Pulaski, 12; and Woodford, 10.
• In long-term care, there are 249 active resident cases and 187 active staff cases, with 12 new resident cases and 20 new staff cases announced today. Beshear attributed 15 more long-term-care deaths to Covid-19, bringing the total to 2,224. Mather said no facility in Kentucky has 15 or more active cases of the virus. Beshear said vaccinations there have helped.
• As kindergarten through second graders gear up for a return to in-person learning in Lexington, health-department officials say to get ready for entire classrooms to be quarantined at one time, Valarie Honeycutt Spears reports for the Lexington Herald-Leader. Most of Kentucky’s districts have resumed in-person schooling. As of Feb. 10, 160 districts are holding in-person classes, with 159 districts having students attend such classes two or more days per week, Kentucky School Boards Association officials said. 
• Daniel Desrochers of the Herald-Leader created a map showing where Kentucky's vaccine doses went in the first two months of distribution. Such data can have anomalies; the state sent 18,350 doses to Perry County, enough to cover 71.2 percent of the population, but health official in the region told Desrochers that all of the vaccine for the Appalachian Regional Healthcare system first goes to Perry County, which has an ARH hospital.
• Pop-up vaccine clinics in Louisville are reaching people "where they're at," Yetter and Sarah Ladd report for the Courier Journal. Dr. Edward Miller, diversity officer for University of Louisville Health, told the newspaper that one goal is to "ensure older people who might not be as adept at online sign-ups — or who might be wary of the new Covid-19 vaccine — have access to it in a familiar environment," they write. 
• More than 1,000 veterans received vaccinations at the Louisville VA Medical Center on Sunday, Joel Schipper reports for WDRB. 
• Dr. Tom Frieden, former CDC director, told CNN that new cases of the virus have been dropping for weeks not because of vaccinations, but because people are following public-health rules. "It's what we're doing right: staying apart, wearing masks, not traveling, not mixing with others indoors," he said, adding later: "We've had three surges. Whether or not we have a fourth surge is up to us." 
• At least 32 million of the 142 million BinaxNOW rapid Covid-19 tests distributed by the U.S. government to states starting last year hadn't been used by early February, according to a Wall Street Journal review of inventories. As many of these tests approach their six-month expiration date, some states still have not used them due to "logistical hurdles and accuracy concerns," the Journal reports. Asked about it, Beshear said the tests have been "a tool in the toolbox" and have been used at long-term-care and corrections facilities, though they "weren't nearly as accurate" as the standard test.
• Tenants in all counties except Fayette and Jefferson can apply for rent and utility assistance to cover their past-due and future bills through the Healthy at Home Eviction Relief Fund at teamkyhherf.ky.gov. To apply in Fayette County: covid19renterhelp.org; to apply in Jefferson County: stopmyeviction.org. 
• For snow and ice updates and resources, visit snowky.ky.gov. For updates on roadway conditions, visit goky.ky.gov.