News & Commentary

The American Civil Liberties Union (ACLU), the ACLU of Kansas, and the law firm Ballard Spahr LLP filed a lawsuit on behalf of two transgender Kansans, identified as Daniel Doe and Matthew Moe, challenging the constitutionality of the law.

The ACLU’s challenge focuses on S.B. 244’s driver’s license provision, arguing that denying the plaintiffs documents that accurately reflect their gender is a violation of equal protection laws and infringes on their freedom of expression.

“This is a devastating, but hopefully temporary, setback for our clients and transgender people across the state of Kansas,” said Harper Seldin, a senior staff attorney for the ACLU. “The harm of this law has already had sweeping impacts on the lives of transgender people like our clients, threatening their ability to hold a job, go to school, or go about their daily lives.”

The plaintiffs in the lawsuit against the state government are using the pseudonyms Daniel Doe and Matthew Moe and are being represented by the ACLU and Ballard Spahr LLP. They are asking for a temporary restraining order, which would pause enforcement of the law while litigation continues.

A judge for the Douglas County District Court says he hopes to put out a written decision on Tuesday related to a lawsuit by the ACLU and two transgender Kansans challenging a recently enacted Kansas law dictating bathroom usage and legal documents for transgender Kansans.

The ACLU of Kansas represents several transgender Kansans as intervenors in the case. The transgender Kansans also do not object to Kobach dropping the case, ACLU attorney Monica Bennett said in a Feb. 24 filing.

Opponents, including the ACLU of Kansas, say bathroom bans are rooted in misinformation and do not improve safety.

Outside the chamber, advocacy groups including the ACLU of Kansas and Equality Kansas condemned the override, arguing the statute invites government overreach and targets an already marginalized community.

“This discriminatory bill undermines our state’s strong constitutional protections against government overreach and persecution,” said Micah Kubic, executive director of ACLU of Kansas.