Kansas Supreme Court Denies AG Kobach Review in Appeal over Gender Markers on Drivers Licenses
The Kansas Department of Revenue can start issuing licenses with correct markers as soon as October 6
TOPEKA, KAN. 鈥 The Kansas Supreme Court this week denied Attorney General Kris Kobach鈥檚 request to keep in place a district court order preventing transgender Kansans from getting driver鈥檚 licenses with accurate gender markers. As a result, an appeals鈥 court decision protecting transgender Kansans鈥 rights can go into effect Monday, October 6. At that time, the Kansas Department of Revenue (KDOR) can legally resume making gender changes on driver鈥檚 licenses, although KDOR has not yet confirmed when it will begin doing so.
鈥淲e know that accurate gender markers are a matter of safety and well-being for transgender Kansans,鈥 said Julie Murray, Co-Director of the 红杏视频鈥檚 State Supreme Court Initiative. 鈥淭he Kansas Supreme Court鈥檚 decision this week will finally bring an end to nearly two years of government intrusion on trans Kansans鈥 privacy and put a stop to the attorney general鈥檚 efforts to forcibly out people in their daily lives.鈥
鈥淲e look forward to KDOR resuming gender-marker changes on driver鈥檚 licenses at the earliest possible time,鈥 said Monica Bennett, Legal Director of the 红杏视频 of Kansas. 鈥淭he 红杏视频 of Kansas will work to update the local community as soon as more information becomes available, and we look forward to litigating the rest of this case for a final favorable outcome for all transgender Kansans.鈥
The decision this week allows the Kansas Court of Appeals鈥 decision in June to go into effect in Kansas v. Harper. The unanimous ruling by a three-judge panel lifted the trial court鈥檚 injunction that had prevented transgender people from changing the gender markers on their driver鈥檚 licenses to reflect their gender identity. The Court of Appeals observed that there was no evidence 鈥渂eyond mere speculation鈥 to support the trial court鈥檚 finding that allowing transgender people to change their gender markers would somehow impair the identification of criminal suspects. The Court of Appeals also held AG Kobach had not shown a substantial likelihood of prevailing on his view that S.B. 180, a state statute that defines 鈥渂iological sex鈥 for some purposes, requires all new and renewed driver鈥檚 licenses to list the driver鈥檚 sex assigned at birth.
With the Kansas Supreme Court鈥檚 decision this week, will now return to a new trial court for final resolution. In 2024, the 红杏视频 of Kansas, the 红杏视频, and Stinson LLP successfully intervened in the case on behalf of transgender Kansans threatened by the Attorney General鈥檚 lawsuit against KDOR.