November 17, 2023

Kansas – Birth Certificates

As of September 2023, the Kansas Department of Health and Environment announced it will no longer allow for transgender individuals to change their gender marker on their Kansas birth certificate.

Under KDHE’s current policy, if you’re transgender and have not yet been able to change the gender marker on your Kansas birth certificate, you will not be able to change it while this policy is in place.

If you already changed the gender marker on your Kansas birth certificate, that birth certificate is still valid. However, if you apply for a new copy of your birth certificate (because you lost it, need another certified copy, etc.), KDHE will revert your gender marker back to the original marker when it issues you the new copy. Additionally, if need to amend your birth certificate again after you already changed the gender marker (to update your name after a name change or marriage, for example), KDHE will revert your gender marker back to the original marker when it makes the newly requested amendment.

This means that if you have already updated your gender marker on your birth certificate, it is very important you do not lose it, amend it, or request an additional copy of it—because if you do, the next certificate you receive will list the old, incorrect gender marker.

You can read KDHE’s birth certificate policy here. 


Kansas – Driver's Licenses

On July 10, 2023, in a lawsuit called Kansas v. Harper, a Kansas District Court judge issued a Temporary Restraining Order (“TRO”) against the Kansas Department of Revenue (“KDOR”) — temporarily barring KDOR from changing gender markers on Kansas driver’s licenses. The court granted a Temporary Injunction (“TI”) in March 2024 that extended this ban on driver’s license gender marker changes; that TI remains in place.

Under the terms of the TI, if you’re transgender and have not yet been able to change the gender marker on your Kansas driver’s license, you will not be able to change it while this TI is in place. If you already changed the gender marker on your Kansas driver’s license, but that license expires during while the TI is in place, KDOR will revert your gender marker back to the original marker when you renew your license. Additionally, if you amend your license (e.g. to update your name) or apply for a new license for any reason while the TI is in place, KDOR may revert your gender marker back to the original marker when issuing the new license.

The ACLU of Kansas has intervened in this lawsuit on behalf of 4 transgender Kansans, arguing for their constitutional rights to equal protection and bodily autonomy. Check out the Kansas v. Harper case page for information and updates about this lawsuit.

 

Federal – Passport Cards and Booklets

Currently, federal identity documents like U.S. passport booklets and U.S. passport cards allow individuals to select between an “M,” “F,” or “X” gender marker. They no longer require medical documentation to verify the gender marker choice, nor do they require that your supporting documentation have a gender marker that matches the marker you choose.

This means you can select a gender marker for your passport card or booklet and do not have to have a state identity document like a birth certificate or driver’s license that reflects that marker. Nor do you have to have a medical provider that will attest to your gender identity or medical history.

Check out our Federal ID FAQ Sheet for more information about U.S. passport cards and how to access gender-affirming federal identity documents.

Stay informed