Does Kansas SB 244 require veterans nursing-home rooms, state park cabins, and prison housing to be separated by biological sex?

Plain-English summary

Kansas Attorney General Kris Kobach interpreted the phrase “multiple-occupancy private space” in 2026 Senate Bill 244 for three types of state facilities: veterans nursing homes, state park cabins, and prison housing.

The opinion concluded that residents' rooms in Kansas Office of Veterans Services skilled nursing facilities were not covered. Although many rooms housed more than one resident and people could be undressed there, the AG read the word “facility” in context with the statute's examples: restrooms, locker rooms, changing rooms, and shower rooms. A nursing-home bedroom was not similar enough to those examples.

The same reasoning applied to Kansas Department of Wildlife and Parks cabins. Cabins with bedrooms, studio-style living areas, or no indoor plumbing were more like houses or apartments than the types of facilities listed in the bill. The opinion therefore concluded that the cabins were not multiple-occupancy private spaces.

Prison cells were treated differently when they contained toilets and sinks. Those cells functioned as restrooms and fit another ordinary meaning of “facility,” a room equipped with a washbowl and flush toilet. A cell housing more than one inmate was therefore a multiple-occupancy private space and could not be shared by inmates of different biological sexes. The opinion also noted that SB 244 expressly allowed staff of the opposite sex to enter when necessary for custodial, maintenance, inspection, medical, emergency, law-enforcement, or safety purposes.

Prison dormitories with bathrooms and showers located outside the living unit were not covered. The AG viewed those living units as residential spaces rather than facilities functioning as restrooms.

What this means for you

Veterans nursing-home administrators

The opinion treats residents' rooms as bedrooms, not as SB 244 “facilities.” On the facts presented, shared rooms, including rooms occupied by married couples of different biological sexes, were not subject to the bill's multiple-occupancy private-space rules.

State park and cabin administrators

The opinion treats the three described cabin layouts as houses or apartments rather than covered facilities. That conclusion applied to one-bedroom cabins, studio-style cabins with separate bathrooms, and sleeper cabins using nearby single-sex bathroom houses.

Corrections officials

The opinion distinguishes cells with toilets from dormitory living units. Multiple-occupancy cells with toilets were covered, but dormitories with bathrooms and showers separated from the living unit were not. The statutory exceptions allowed staff to enter opposite-sex-designated cells for the operational and safety reasons listed in the bill.

Common questions

Why did the opinion focus on the word “facility”?

SB 244 defined a multiple-occupancy private space as a “facility” designed or designated for simultaneous use by more than one person where another person might be undressed. The opinion concluded that not every room designed for a purpose was commonly called a facility, so the word had to be read in context with the listed examples.

Are shared veterans nursing-home rooms covered by SB 244?

No, according to the opinion. The AG viewed those rooms as residential bedrooms rather than restrooms, locker rooms, changing rooms, shower rooms, or similar facilities.

Are Kansas state park cabins covered?

No. The opinion concluded that all three cabin types described by the Department of Wildlife and Parks were more like houses or apartments than the facilities listed in SB 244.

Can corrections staff enter a cell designated for inmates of the opposite biological sex?

Yes, when one of the bill's exceptions applies. The opinion identifies custodial work, maintenance or inspection, medical or emergency assistance, law enforcement, and preventing a serious threat to order or safety.

Does SB 244 cover prison dormitories?

Not when the bathrooms and showers are separate from the living unit. The opinion concluded that those dormitory living areas did not function as restrooms and were residential in character.

Background and statutory framework

SB 244 generally required multiple-occupancy private spaces in public buildings to be designated for use by one sex and restricted entry by a person of the opposite sex. It defined the term by reference to simultaneous use, possible undress, and examples that included restrooms, locker rooms, changing rooms, and shower rooms.

The opinion used ordinary meaning, the related-words canon known as noscitur a sociis, and legislative history to interpret “facility.” It relied on the statutory examples to avoid reading the term so broadly that every bedroom or purpose-built room would qualify.

For prison cells, the presence of a toilet and sink changed the analysis because the cell also served as a restroom. For dormitories with separate bathrooms, the living unit did not serve that function.

Citations and references

Legislation and statutes:

• 2026 H. Sub. for Senate Bill 244
• SB 244, § 1(a)(4), (b)(1), (c)(1), and (g)(1)
• K.S.A. 12-187(b)(21)

Cases:

• Midwest Crane & Rigging, LLC v. Kansas Corp. Comm’n, 306 Kan. 845, 851, 397 P.3d 1205 (2017)
• Walters v. Metro. Educ. Enters., Inc., 519 U.S. 202, 207 (1997)
• Young Partners, LLC v. Bd. of Educ., 284 Kan. 397, 408, 160 P.3d 830 (2007)
• Jarecki v. G. D. Searle & Co., 367 U.S. 303, 307 (1961)
• Bd. of Cnty. Comm’rs v. Kobach, SN-2025-CV-000743 (Shawnee Cnty. D. Ct., Dec. 9, 2025)

Source

• Landing page: https://www.ag.ks.gov/Home/Components/News/News/320/
• Original PDF: https://www.ag.ks.gov/home/showpublisheddocument/25491/639142689502200000

Original opinion text

May 12, 2026

ATTORNEY GENERAL OPINION NO. 2026-8

Justin H. Whitten
Chief Counsel, Governor Laura Kelly
Capitol Building
Room 241, South
Topeka, Kansas 66612

Re: State Institutions and Agencies—Public Buildings—Multiple-
Occupancy Private Spaces

        Statutes; Administrative Rules and Regulations and Procedure—
        Statutory Construction—Biological Sex

Synopsis: Residents’ rooms in Kansas Office of Veterans Services’ skilled nursing
facilities do not constitute a “facility” as defined by SB 244 and
therefore are not subject to the law’s multiple-occupancy private space
provisions.

        Kansas Department of Wildlife and Parks’ cabins are not “facilities”
        and, as a result, are not multiple-occupancy private spaces.

        Kansas Department of Corrections’ prison cells are a “facility” for
        purposes of SB 244 when they contain a toilet within the cell. These
        cells cannot be shared by inmates of different biological sexes.
        However, various exceptions in SB 244 allow prison staff to enter the
        cells as necessary, even if they are of the opposite biological sex.
        Dormitory style housing, which has dedicated bathrooms and showers
        separate from the living unit, do not constitute a “facility” and are not
        subject to the law’s multiple-occupancy private space provisions.

        Cited herein: 2026 H. Sub. for Senate Bill 244.

Justin H. Whitten
Page 2

Dear Mr. Whitten:

On behalf of Governor Laura Kelly, you ask several questions about the application
of 2026 H. Sub. for Senate Bill 244 (SB 244) to various state buildings.

Among other things, SB 244 requires that “multiple-occupancy private space[s]” in
public buildings be designated for use only by individuals of one sex and generally
prohibits individuals from entering a multiple-occupancy private space that is
designated for use only by individuals of the opposite sex. 1 A “multiple-occupancy
private space” is defined as “a facility designed or designated for simultaneous use
by more than one individual and in which another individual may be in a state of
undress in the presence of another individual, regardless of whether the facility
provides curtains or partial walls for privacy.” 2 “‘Multiple-occupancy private space’
includes, but is not limited to, a restroom, locker room, changing room or shower
room.” 3

You ask whether certain multiple-occupancy rooms in Kansas Office of Veterans
Services’ (KOVS) skilled nursing facilities, Kansas Department of Wildlife and
Parks’ (KDWP) cabins, and Kansas Department of Corrections’ (KDOC) facilities
fall within the definition of “multiple-occupancy private space.” We will address
these questions in turn.

KOVS Skilled Nursing Facility Rooms

The first rooms you ask about are residents’ rooms in KOVS skilled nursing
facilities. 73 percent of these rooms are multiple occupancy, and some are shared by
married couples of the opposite sex. Historically, visitors of the opposite sex have
been allowed in these rooms.

Whether these rooms fall within the definition of “multiple-occupancy private space”
turns on whether the rooms constitute a “facility.” 4 One dictionary defines “facility”
as “a building, special room, etc. that is built or designed for some activity.” 5
“Facility” also can have the same meaning as lavatory, “a room equipped with a
washbowl and flush toilet.” 6

1 SB 244, § 1(b)(1), (g)(1).
2 SB 244, § 1(a)(4).
3 Id.
4 As you note, the proper inquiry under SB 244 is whether an individual room, and not the overall
building, is a “facility.”
5 Webster’s New World College Dictionary (5th ed. 2014).
6 Id.

Justin H. Whitten
Page 3

In the absence of a contrary definition, words in a statute should be given their
“ordinary, contemporary, common meaning.” 7 We do not believe the common
meaning of “facility” includes any room built for a particular purpose, as you
suggest. For instance, an ordinary person would not commonly call a bedroom in
their house a “facility,” despite the fact that it is a room designed for a particular
purpose. The common meaning of “facility” is narrower than a room with a purpose,
which would essentially be any room.

The noscitur a sociis canon provides guidance in interpreting the meaning of
“facility.” This canon, which literally means “it is known from its associates,”
provides that “the meaning of a word [or] phrase which may be obscure or doubtful
when considered in isolation may be clarified or ascertained by reference to those
words or phrases with which it is associated.” 8 “In other words, the [canon]
recognizes that, taken in context, a word may have a broader or narrower meaning
than it might have if used alone.” 9 It “is often wisely applied where a word is
capable of many meanings in order to avoid the giving of unintended breadth.” 10

Our recent application of the noscitur a sociis canon in Attorney General Opinion
2025-13 is illustrative. There, K.S.A. 12-187(b)(21) authorized Johnson County to
levy a sales tax “for the purpose of financing the construction and operation costs of
public safety projects, including, but not limited to, a jail, detention center, sheriff’s
resource center, crime lab or other county administrative or operational facility
dedicated to public safety.” 11 Johnson County had proposed using this statute to
levy a tax to finance mental health intervention and emergency medical services.

Although those services might fall under a broad reading of “public safety projects”
in isolation, the opinion concluded that under the noscitur a sociis canon, the term
“public safety projects” must be read in light of the listed examples to mean
facilities related to law enforcement. Johnson County disagreed with that
conclusion and filed a declaratory judgment action. The district court agreed with
the analysis in Attorney General Opinion 2025-13 and granted summary judgment
for the State. 12

Similarly, the term “facility” here must be read in context. SB 244 provides that
“‘[m]ultiple-occupancy private space’ includes, but is not limited to, a restroom,

7 Midwest Crane & Rigging, LLC v. Kansas Corp. Comm’n, 306 Kan. 845, 851, 397 P.3d 1205 (2017)
(quoting Walters v. Metro. Educ. Enters., Inc., 519 U.S. 202, 207 (1997)).
8 Young Partners, LLC v. Bd. of Educ., 284 Kan. 397, 408, 160 P.3d 830 (2007).
9 Id.
10 Jarecki v. G. D. Searle & Co., 367 U.S. 303, 307 (1961).
11 K.S.A. 12-187(b)(21).
12 Memorandum Decision and Order, Bd. of Cnty. Comm’rs v. Kobach, SN-2025-CV-000743 (Shawnee
Cnty. D. Ct., Dec. 9, 2025).

Justin H. Whitten
Page 4

locker room, changing room or shower room.” 13 Although this list (like the list of
public safety projects in K.S.A. 12-187(b)(21)) is non-exhaustive, these examples
illustrate the types of rooms that the Legislature understood to be facilities. The
word “facility” should therefore be interpreted in light of these examples. A
resident’s room in a KOVS skilled nursing facility is very different than the listed
examples. 14 It is more similar to a bedroom, which would not ordinarily be
considered a facility as a matter of common definition. Accordingly, these rooms are
not facilities and therefore are not multiple-occupancy private spaces as defined by
SB 244.

Kansas courts also would likely consider SB 244’s legislative history, which
reinforces this conclusion, in the event any ambiguity remains. The debate
surrounding SB 244 focused on the types of rooms listed in the statute—restrooms,
locker rooms, changing rooms, and shower rooms—and the risks to safety and
privacy when individuals of one biological sex use facilities designated for
individuals of the opposite biological sex. We are aware of no indication that the
Legislature intended to prohibit a married couple from sharing a room in a nursing
home or assisted living facility or to prohibit a resident in such a multiple-
occupancy room from receiving guests of the opposite sex.

KDWP Cabins

Our analysis of KOVS nursing facilities also resolves your question about KDWP
cabins. The majority of these for rent cabins contain a single bedroom with a
closeable door and a separate bathroom with a closeable door. Others contain
studio-style rooms where the sleeping quarters transition to the kitchen and living
spaces in the same open-concept room, but they also contain a separate bathroom
with a closeable door. Still other cabins are “sleeper cabins” that lack running water
and have no bathroom in the cabin. Instead, separate bathroom houses that are
clearly marked for use by a single sex are located nearby.

All three types of cabins are more akin to a house or apartment, which would not be
considered “facilities” in ordinary and commonly understood parlance. They also are
not similar to the examples of facilities given in SB 244. We are also unaware of any
evidence of legislative intent to exclude individuals of the opposite sex, such as a
married couple, from sharing these cabins. Accordingly, we conclude that KDWP
cabins are not multiple-occupancy private spaces.

13 Id.
14 We are unpersuaded by your claim that these rooms are similar to changing rooms. The ordinary
meaning of changing room contemplates a room specifically designed for individuals to change their
clothes in, not a room where a person lives. Although people may often change their clothes in the
bedrooms of their houses, that does not make a residential bedroom a changing room as commonly
understood. The same is true of residents’ rooms in KOVS skilled nursing facilities.

Justin H. Whitten
Page 5

KDOC Prison Cells

Finally, you ask about SB 244’s application to KDOC facilities, which offer three
different housing options: dormitory style housing, multiple occupancy prison cells,
and single occupancy cells. Dormitory style housing has dedicated bathrooms and
showers that are separated from the living unit. Multiple and single occupancy cells
have toilets and sinks inside the cell, with shower rooms that are outside of the cell.

Although there are obvious differences between typical public restrooms and prison
cells, the presence of toilets and sinks in the prison cells makes them more similar
to the facilities listed in SB 244 than to a typical bedroom or similar living area. The
cells serve as restrooms for the inmates in the cells, and SB 244 specifically
provides that “[m]ultiple-occupancy private space’ includes . . . a restroom.” 15 Also,
as noted above, “facility” can sometimes have the same meaning as a “lavatory,” i.e.,
a “room equipped with a washbowl and flush toilet.” While a “facility” in SB 244 is
not strictly limited to this definition, 16 prison cells with toilets and sinks inside the
cell would fall under this definition of “facility.” For these reasons, we conclude that
these cells are facilities and constitute multiple-occupancy private spaces when they
house more than one individual.

Accordingly, multiple-occupancy prison cells may not be shared by inmates of the
opposite biological sex. This does not mean, however, that prison staff of the
opposite sex are prohibiting from entering the cells when necessary. SB 244
provides a number of exceptions, including allowing individuals to enter multiple-
occupancy private spaces designated for use of the opposite sex “[f]or custodial
purposes,” “for maintenance or inspection purposes,” “to render medical or other
emergency assistance,” “for law enforcement purposes,” and “to render assistance
necessary in preventing a serious threat to proper order or safety.” 17

We reach a different conclusion as to dormitory style housing. Because these units
have dedicated bathrooms and showers separated from the living area, the living
units do not function as restrooms. They are more residential in character, like a
bedroom, and therefore we do not believe that they constitute a “facility” or a
“multi-occupancy private space” for purposes of SB 244. 18

15 SB 244, § 1(a)(4).
16 For instance, “facility” includes a changing room with no toilets.
17 SB 244, § 1(c)(1).
18 The separate bathrooms and showers, however, would constitute multiple-occupancy private
spaces provided they are designed for simultaneous use by more than one individual.

Justin H. Whitten
Page 6

Sincerely,

/s/ Kris W. Kobach

Kris W. Kobach
Attorney General

/s/ Dwight R. Carswell

Dwight R. Carswell
Deputy Solicitor General