The Kansas Senate Tuesday passed a bill containing several anti-transgender measures, including a definition of an individual’s “biological sex.” The 28-12 vote is one vote more than necessary for an override of the expected veto by Kansas Governor Laura Kelly.

The bill defines a person’s “biological sex” as “such individual’s biological sex, either male or female, at birth.” The bill further defines a “female” as a person “whose biological reproductive system is designed to produce ova” and a “male” as a person “whose biological reproductive system is designed to fertilize the ova of a female.”

Additionally, the bill provides that, “with respect to biological sex, separate accommodations are not inherently unequal.” Under the bill’s framework, laws and regulations dealing with distinctions between sexes are subject to intermediate constitutional scrutiny, forbidding discrimination based on sex but allowing distinctions when they are “substantially related to governmental objectives.” To fill that requirement, the bill asserts that Kansas has an important objective in “protecting the health, safety and privacy of individuals” that is substantially related to distinctions between the sexes “with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and other areas where biology, safety or privacy are implicated.”

The bill sets the stage for sex-based distinctions within areas that are currently contested spaces for transgender individuals around the country. In March, West Virginia moved to exclude transgender athletes from sports, and in February, a Florida court upheld a ban on transgender students using gender affirming bathrooms.

The bill is framed as “establishing the bill of women’s rights,” but opponents argue that the bill’s provisions are attacks on transgender, gender-nonconforming and intersex individuals. A veto from Kelly is expected, but the 28-12 senate vote is likely to override such a veto.