Kobach Opinion: Prison Cells Subject to SB 244, But Veterans Rooms and State Cabins Are Not

TOPEKA – (May 13, 2026) –Kansas Attorney General Kris W. Kobach today issued Attorney General Opinion 2026-8 clarifying how 2026 Senate Bill 244 (SB 244) applies to specific state facilities. The opinion, requested by Justin H. Whitten, Chief Counsel to Governor Laura Kelly, provides guidance on the law’s definition of “multiple-occupancy private space” and its “facility” requirement.

"This opinion lays out the plain meaning of SB 244 based on context and the ordinary understanding of words. The suggestion by some opponents of the law that unintended consequences would result is unfounded. SB244 protects the privacy and safety of women and girls by ensuring that certain shared spaces are reserved according to biological sex. This opinion gives state agencies clear direction regarding how to comply with the law," Kobach said.

SB 244 requires that multiple-occupancy private spaces in public buildings — defined as facilities designed or designated for simultaneous use by more than one individual where another person may be in a state of undress — be designated for use only by individuals of one biological sex. The law includes, but is not limited to, restrooms, locker rooms, changing rooms, and shower rooms.

Key conclusions in the opinion:

• Kansas Office of Veterans Services skilled nursing facility rooms do not constitute a “facility” under SB 244. These rooms are therefore not subject to the law’s multiple-occupancy private space provisions. Multiple-occupancy rooms, including those shared by married couples of opposite biological sexes, and opposite-sex visitors may continue as before.
• Kansas Department of Wildlife and Parks cabins are not “facilities” under the law and are not multiple-occupancy private spaces. The cabins — whether single-bedroom, studio-style, or basic sleeper cabins — may be rented and occupied without restriction based on biological sex.
• Kansas Department of Corrections prison cells that contain a toilet and sink inside the cell are “facilities” for purposes of SB 244. Multiple-occupancy cells therefore cannot be shared by inmates of different biological sexes. However, SB 244 contains broad exceptions allowing prison staff of the opposite biological sex to enter such cells as necessary for custodial, maintenance, inspection, medical, emergency, law enforcement, or safety purposes.
• Dormitory-style housing in KDOC facilities, which has dedicated bathrooms and showers located outside and separate from the living unit, does not constitute a “facility” and is not subject to the law’s multiple-occupancy private space provisions.

Read the opinion here.

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