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A Kansas judge says barring driver's license changes doesn't violate trans people's rights

A Kansas judge says barring driver's license changes doesn't violate trans people's rights
To list *** sex other than the person's biological sex at birth. SB 1 80 requires Kor to restore the driver's license. Data set to its original form. SB 1 80 does not require the licensee to surrender the license. That was the actual card that was issued that reflects *** different sex other than the person's sex at birth. But it does require the agency to restore the data set back to its original and place that information on any future driver's license card that may be issued to that person. This is similar to when *** person changes address, you may still use your driver's license with the incorrect address on it. But the new driver's license that is issued when your current license expires will reflect the correct address, birth certificates. Sp 180. Also, uh it specifically addresses birth certificates and requires that the Kansas Department of Health and Environment or K DH E list *** person's birth, biological sex at birth on the person's birth certificate. This too is an ongoing requirement. So if K DH E has previously modified *** birth certificate to list sex other than *** person's biological sex at birth SB requires KDE to restore the birth certificate to its original form. However, here two SB 1 80 does not require an individual who obtained *** change of sex on his birth certificate to surrender that piece of paper. It does require KDE to change the data set and reflect that change in any subsequent paper, birth certificates that are issued and they must be done in compliance with the law. Finally, correctional facilities in this area, the impact of 180 is more limited by its terms. 180 only addresses state law and state rules and state regulations. The placement of inmates at Kansas correctional facilities is informally decided by state policy. It is not formally stated in our statutes or in our regulations as *** result, most are not affected by SB 180. However, there is one exception, one facility is affected. It's found in KSA 75-52 134. That specific statute requires that the Kansas Department of Correction Department of Corrections house only biological females in the specified portion of the Topeka Correctional facility that is addressed in that particular statute. So the correctional facility placement of inmates is affected only with regard to that specific wing of that specific facility. Otherwise, SB 1 80 does not affect the placement of inmates as SB 180 is currently worded. Um With that, I'd be happy to take any questions and of course you have the representatives here if you want to address any questions for them. So walk me through this business about birth certificates and driver's licenses. So the agency has to go back into its records and make corrections if I am the person with the birth certificate and I never asked for another one. I still have the birth certificate with the gender change on it. What happens to that record when the state goes back to describing me as the the the the sex I was when I was born. So if I'm understanding your question, John, the uh the state agency that issues the the you know the birth certificates, vital statistics, they have to reflect the person's sex at birth in the birth certificate data. However, if you were *** person who transitioned and got *** birth certificate reflecting *** different sex, that piece of paper can remain with you. There, nothing in the law forces someone to surrender *** certificate that was changed. However, the state's data will reflect the original sex at birth. And so similarly with the driver's licenses, the driver's license database will reflect the person's sex at birth. And so that amended that change of sex that I got and holding on to that just goes away in terms of the state, in terms of the state's database. Um it it is it will be an incorrect birth certificate and any subsequent certificate would, would be corrected. But the law doesn't require, you know, surrendering these documents. That, that raises an interesting question of if I need *** birth certificate to do something, get *** pass for trying to think what you might need it for, I have to go back and get the original one then because that's the correct birth certificate. That is, that is true. It's the correct one and it would conform with any other state issued ID. You had like your driver's license or if you were *** concealed carry permit holder. That information, although we didn't address that in this opinion, that is, that information is drawn from the same driver's license database too. Uh So what we found on Friday was ***, um, *** motion for relief from *** consent decree, which is basically *** settlement. So the consent decree doesn't reflect *** ruling of federal law or interpretation of federal law. So there's no conflict with federal law. Well, usually an emotion like that you wouldn't see oral argument. The judge could certainly call for oral argument if he wants to and that we haven't made any decision, but typically *** motion like that would be just resolved on the briefs. I am curious about that. You are not *** defendant in that case. The defendants in that case are the three, I suppose. Now the active state officials who hold the jobs dealing with birth certificates, the governor, uh, just *** little while ago, at least her office said they disagree with your legal analysis. I'm kind of curious, walk me through how you get to the point where if you are not *** defendant, you get to jump in when the governor presumably doesn't want you to do. So. The statutes of Kansas designate the attorney general as the presumed attorney representing any state agency that is sued in court. The attorney general may, if he or she wishes allow the state agency to proceed with their own counsel. But the attorney general has the prerogative of being the attorney representing the state. And the attorney general is also the official who is charged with interpreting state law and representing those agencies if that interpretation is ever challenged. So the posture of the attorney general gives us the ability to say this is what the correct interpretation of SB 180 is. Now. You said, I don't know what conversation you had with someone from the Governor's staff. I don't know if they were disagreeing with our motion on Friday or if they were disagreeing with the Attorney general. It sounds like they're disagreeing with the motion on Friday. They agree that this, the way this statement was worded is they agreed that the settlement was appropriate. And the certainly members of an administration may have policy preferences on this particular issue, but the legislature has spoken on the issue. And so the governor's staff and the governor's agencies cannot act as if the legislature did not override her veto, they did override the veto. And so the law is what it clearly states, is it your position that the consent is binding upon the state agencies or in this instance, unless and until *** federal judge modifies it. That's *** really interesting question of law. We believe that state law binds state agencies and if there is *** conflict between state law and *** consent decree, which is basically *** settlement that the parties draft up and then the judge just signs off and says, ok, the case is gone. Here's your agreement. Um That state law would trump anything, you know, that the parties agreed to at that prior point in time. So you expect K DH G under your position next week that they should, I guess cease to follow the stipulations of the. Well, in this particular case out of, um, you know, deference to judges, it is the position of the Attorney General's office and normally that we would ask, you know, we would ask the judge to make *** decision first. Normally, you know, we would not push an agency to be in that position. Change has been made for the driver. I don't know what the current number is. And in fact, someone in the press reported, I think one of you may have spoken to KD or I saw the number at 100 and 12 last week or maybe in the last few days. Um, my guess is that's pretty accurate. My staff has been in touch with the agencies so I'm sure we do have *** close number, but I'm guessing it's in that ballpark, not usable. That's *** really interesting question. Um The passport data that the information that you provide to the US Department of State when you get your passport uh is usually reflected in your birth certificate, your driver's license and other identity documents that you provide to them. So the, the allowing the where KDN pursuant to that consent decree did for *** brief period allow some individuals to change the sex on their birth certificates that could lead to some inaccurate passports. I'm not aware of any federal statute that has authorized the Department of State to again changing sex on passports. Although I'm not familiar with their internal policies, but it's, it's certainly conceivable that this period where some documents were allowed to be changed. And if those documents were then presented at *** post office or wherever the person seeks *** passport, you, you could see conflicting documents that shows ***
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A Kansas judge says barring driver's license changes doesn't violate trans people's rights
A Kansas judge ruled Monday that the state isn't violating transgender residents' rights under the state constitution by refusing to change their driver's licenses to reflect their gender identities.District Judge Teresa Watson kept in place indefinitely an order she first issued in July 2023 to prevent the Kansas Department of Revenue from changing the listing for “sex” on transgender people's driver's licenses. Attorney General Kris Kobach, a conservative Republican, sued Democratic Gov. Laura Kelly's administration to stop such changes in line with a 2023 law that ended legal recognition of transgender people's identities.Watson allowed transgender Kansas residents to intervene in Kobach's lawsuit, and the American Civil Liberties Union argued on their behalf that the no-changes policy violated rights protected by the Kansas Constitution. The Kansas Supreme Court declared in 2019 that the state constitution grants a right to bodily autonomy, though the decision dealt with abortion rights, not LGBTQ+ rights.Watson said invoking the right to bodily autonomy to require the state to change driver's licenses would be “an unreasonable stretch.” She said Kansas residents do not have a fundamental right under the state constitution to "control what information is displayed on a state-issued driver’s license.”"Information recorded on a driver’s license does not interfere with transgender persons’ ability to control their own bodies or assert bodily integrity or self-determination," Watson wrote in her 31-page order, issued in Shawnee County, home to the state capital of Topeka.Kelly supports LGBTQ+ rights. After she took office in 2019, her administration allowed transgender people to change their driver’s licenses and birth certificates to reflect their gender identities.The Republican-controlled Legislature overrode her veto to enact the 2023 law, and transgender people can no longer change either identity document, thanks to Kobach's efforts.It's not clear whether Kelly's administration or transgender Kansas residents will appeal Watson's ruling. D.C. Hiegert, an ACLU of Kansas LGBGQ+ legal fellow who is trans, predicted that Watson's ruling will lead to transgender people being harassed and denied services.“What possible reason can we articulate to deny our transgender population peace of mind?” added Pedro Irigonegaray, a Topeka attorney representing the Kelly administration. “Why this vindictive attitude towards this class of individuals?”The Kansas law was part of a wave of measures from GOP-controlled Legislatures across the U.S. to roll back transgender rights. Montana, North Dakota and Tennessee also enacted laws defining man and woman, and Republican governors issued executive orders in Nebraska and Oklahoma, where nonbinary teenager Nex Benedict was bullied and died after a fight in a girls bathroom at a school. Similar measures have been proposed in at least 13 other states.The Kansas law doesn't mention driver's licenses or birth certificates but says for the purposes of any state law or regulation, a person's sex is “either male or female,” based on their “biological reproductive system” identified at birth. Watson ruled that the law's language is clear and “there are no exceptions."Kobach said in a statement: “This decision is a victory for the rule of law and common sense."Watson's ruling came the day before the Kansas House planned to debate a proposed ban on gender-affirming care for transgender minors, something at least 23 other states have done. A final House vote was expected Wednesday.“We will continue working toward a vision of our state that allows all of us to live in peace, free from government persecution and impositions on our core identities,” Hiegert said in a statement.

A Kansas judge ruled Monday that the state isn't violating transgender residents' rights under the state constitution by refusing to change their driver's licenses to reflect their gender identities.

District Judge Teresa Watson kept in place indefinitely an order she first issued in July 2023 to prevent the Kansas Department of Revenue from changing the listing for “sex” on transgender people's driver's licenses. Attorney General Kris Kobach, a conservative Republican, sued Democratic Gov. Laura Kelly's administration to stop such changes in line with a 2023 law that ended legal recognition of transgender people's identities.

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Watson allowed transgender Kansas residents to intervene in Kobach's lawsuit, and the American Civil Liberties Union argued on their behalf that the no-changes policy violated rights protected by the Kansas Constitution. The Kansas Supreme Court declared in 2019 that the state constitution grants a right to bodily autonomy, though the decision dealt with abortion rights, not LGBTQ+ rights.

Watson said invoking the right to bodily autonomy to require the state to change driver's licenses would be “an unreasonable stretch.” She said Kansas residents do not have a fundamental right under the state constitution to "control what information is displayed on a state-issued driver’s license.”

"Information recorded on a driver’s license does not interfere with transgender persons’ ability to control their own bodies or assert bodily integrity or self-determination," Watson wrote in her 31-page order, issued in Shawnee County, home to the state capital of Topeka.

Kelly supports LGBTQ+ rights. After she took office in 2019, her administration allowed transgender people to change their driver’s licenses and birth certificates to reflect their gender identities.

The Republican-controlled Legislature overrode her veto to enact the 2023 law, and transgender people can no longer change either identity document, thanks to Kobach's efforts.

It's not clear whether Kelly's administration or transgender Kansas residents will appeal Watson's ruling. D.C. Hiegert, an ACLU of Kansas LGBGQ+ legal fellow who is trans, predicted that Watson's ruling will lead to transgender people being harassed and denied services.

“What possible reason can we articulate to deny our transgender population peace of mind?” added Pedro Irigonegaray, a Topeka attorney representing the Kelly administration. “Why this vindictive attitude towards this class of individuals?”

The Kansas law was part of a wave of measures from GOP-controlled Legislatures across the U.S. to roll back transgender rights. Montana, North Dakota and Tennessee also enacted laws defining man and woman, and Republican governors issued executive orders in Nebraska and Oklahoma, where nonbinary teenager Nex Benedict was bullied and died after a fight in a girls bathroom at a school. Similar measures have been proposed in at least 13 other states.

The Kansas law doesn't mention driver's licenses or birth certificates but says for the purposes of any state law or regulation, a person's sex is “either male or female,” based on their “biological reproductive system” identified at birth. Watson ruled that the law's language is clear and “there are no exceptions."

Kobach said in a statement: “This decision is a victory for the rule of law and common sense."

Watson's ruling came the day before the Kansas House planned to debate a proposed ban on gender-affirming care for transgender minors, something at least 23 other states have done. A final House vote was expected Wednesday.

“We will continue working toward a vision of our state that allows all of us to live in peace, free from government persecution and impositions on our core identities,” Hiegert said in a statement.