Officials under Kansas’s Democratic governor, Gov. Laura Kelly, are fighting to overturn a court ruling that temporarily halted the state from allowing transgender individuals to change the gender on their driver’s licenses. The state Department of Revenue contends that Republican Attorney General Kris Kobach lacked the legal authority to file a lawsuit that resulted in a district judge’s injunction against gender changes on IDs, at least until November 1. The court battle underscores the ongoing debate over transgender rights in the state.
Kobach argues that permitting gender identity changes on state IDs violates a Kansas law that took effect on July 1, which rolled back transgender rights. Despite the new law, Governor Kelly asserted that the changes would continue, making Kansas one of the few states, alongside Montana, Oklahoma, and Tennessee, that do not allow such alterations. The case, which is being heard in Shawnee County, has become a focal point for transgender rights advocates seeking recognition and protection.
The state Department of Revenue, responsible for driver’s license issues, contends that Kobach needed authorization from the governor, the Legislature, or the local district attorney to initiate the case in state district court. However, Kobach maintains that past court precedents and legal traditions permit his lawsuit. The latest court response by Democrats challenges Kobach’s actions, arguing for the immediate dismissal of the case due to a “most serious misrepresentation.”
District Judge Teresa Watson initially sided with Kobach, scheduling a November 1 hearing to determine whether changes to driver’s licenses would be blocked after that date. Additionally, she will hear a request from five transgender Kansas residents to intervene in the case on August 16, a move opposed by Kobach.
The controversial law, pushed forward by the Republican-controlled Legislature, defines male and female based on a person’s “reproductive system” at birth, preventing legal recognition of a change in gender identity and applying the rule broadly in other areas of law and regulation. Transgender advocates argue that the law infringes on civil liberties protected by the Kansas Constitution, including the right to bodily autonomy.
In a separate federal court case, Kobach is also attempting to prevent the state from changing transgender people’s Kansas birth certificates. As the legal battle continues, the fate of transgender rights in Kansas remains uncertain.
