Transgender Kansans Challenge State Law Invalidating Their Driver鈥檚 Licenses and Allowing Them to Be Sued for Using Public Restrooms
Topeka, KS 鈥 Two transgender residents of Kansas have filed a lawsuit in state court challenging a new state law that immediately invalidated their driver鈥檚 licenses, and which authorizes anyone to sue anybody they suspect of being transgender for using the 鈥渨rong鈥 restroom in government buildings.
SB 244, passed into law by the state legislature over Governor Laura Kelly鈥檚 veto, prohibits transgender people from using public restrooms on government property that align with their gender identity. It also establishes a private right of action that allows anyone who suspects someone is transgender and in violation of the law to sue that person for 鈥渄amages鈥 totaling $1,000.
The law also invalidates state-issued driver鈥檚 licenses with updated gender markers that reflect the carrier鈥檚 gender identity. This week, transgender people across the state received letters from the state Department of Revenue鈥檚 Division of Vehicles informing them that their driver鈥檚 licenses 鈥渨ill no longer be valid,鈥 effective immediately. The law also prohibits transgender Kansans 鈥 or those born in Kansas - from updating the gender marker on state-issued birth certificates and driver鈥檚 licenses in the future.
Today鈥檚 lawsuit challenging SB 244 was filed in the District Court of Douglas County on behalf of anonymous Plaintiffs Daniel Doe and Matthew Moe by the 红杏视频, the 红杏视频 of Kansas, and Ballard Spahr LLP. The lawsuit charges that SB 244 violates the Kansas Constitution鈥檚 protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
鈥淭his legislation is a direct attack on the dignity and humanity of transgender Kansans,鈥 said Monica Bennett, Legal Director of the 红杏视频 of Kansas. 鈥淚t undermines our state鈥檚 strong constitutional protections against government overreach and persecution.鈥
鈥淪B 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,鈥 said Harper Seldin, Senior Staff Attorney for the 红杏视频鈥檚 LGBTQ & HIV Rights Project. 鈥淭he invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.鈥
鈥淪B 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature鈥檚 preferences,鈥 said Heather St.Clair, a Ballard Spahr litigator working on the case. 鈥淏allard Spahr is committed to standing with the 红杏视频 and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.鈥