"What we're seeking here is simple at its core," Brett said, "which is the dignity, autonomy and privacy rights of transgender people as protected by the Kansas Constitution."

Brett said the ACLU's arguments won't be a surprise to the attorney general.

"The constitutional avoidance defense that we're raising in this case certainly requires the attorney general to contend with arguments that he did not want to contend with and was not planning on contending with when he filed this mandamus action," she said.

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