News & Commentary

Two transgender people in Kansas have filed a lawsuit to block a new state law that invalidated hundreds of residents' driver's licenses by requiring they reflect the holders' birth sex rather than their gender identities. The law, which took effect Thursday, allows those in violation of the law to "surrender" their licenses in exchange for new ones that match their birth sex.

The state's new anti-transgender law is facing a court challenge led by the ACLU. Senate Bill 244 took effect Feb. 26 after the Republican supermajorities in the Kansas Legislature overrode a veto by Democratic Gov. Laura Kelly.

Two transgender men in Kansas filed a lawsuit on Friday seeking to strike down a new state law that invalidated the driver's licenses and birth certificates of more than 1,000 transgender people. The American Civil Liberties Union is representing the plaintiffs, who claim in the lawsuit, opens new tab, filed in Kansas state court, that the law violates their rights to equality, due process and privacy under the state constitution.

Kansas this week invalidated the IDs of transgender Kansans who changed the gender marker on their driver’s licenses or birth certificates. The ACLU is suing to stop the law, which also restricts bathroom use, saying it violates the constitutional rights of residents. The American Civil Liberties Union has sued to block a new Kansas law that invalidates the drivers’ licenses and birth certificates of transgender residents.

The American Civil Liberties Union of Kansas sent a statement to KCTV 5 on the city commission’s vote and decision to create a community oversight board: We applaud the Leavenworth residents and the local community who showed up to make their voices heard in the hours of opposition testimony last night. The current language of the SUP still puts a great deal of trust in CoreCivic’s word, and this goes against the very real concerns for safety and human dignity at this facility we all heard last night. We recognize the difficult position the commissioners are in, but it would also be unfortunate if the amendment was an indicator that they have prematurely made a final decision to allow an ICE detention center to open. If this is the route we are taking, then the task force must have full oversight authority and independent investigatory power over CoreCivic. We caution the City against falling into a trap of CoreCivic’s many overtures of collaboration that it undermines the task force’s independence and its real purpose of accountability and intervention, if and when violations of the conditions occur.

The ACLU of Kansas represents several transgender Kansans as intervenors in the case. The transgender Kansans also do not object to Kobach dropping the case, ACLU attorney Monica Bennett said in a Feb. 24 filing.

Opponents, including the ACLU of Kansas, say bathroom bans are rooted in misinformation and do not improve safety.

Outside the chamber, advocacy groups including the ACLU of Kansas and Equality Kansas condemned the override, arguing the statute invites government overreach and targets an already marginalized community.

“Chairman Proctor regularly attacks Loud Light, the ACLU, and Kansas Appleseed in his campaign-oriented, highly-partisan newsletter,” she said. “Coincidentally, he brings legislation that directly and indirectly retaliates against them for exercising the same rights everybody else does.