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AG Kris Kobach discusses plan to block birth certificate and driver's license changes by transgender Kansans
The attorney general discussed what he calls a 'Women's Bill of Rights' at a press conference Monday
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KMBC logoUpdated: 9:16 PM CDT Jun 26, 2023
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Connor Hills
Andy Alcock
KMBC 9 News Reporter
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KANSAS CITY, Mo. —
Kansas Attorney General Kris Kobach, along with State Sen. Renee Erickson and state Reps. Barb Wasinger and Tory Blew, hosted a press conference Monday to discuss what they're calling a "Women's Bill of Rights."
The AG spoke just after 1:30 p.m. to discuss the enforcement of Senate Bill 180, which is set to take effect on July 1, 2023. It's a bill Kobach says will protect women and one that opponents claim will restrict the rights of transgender Kansans.
The press conference centered around the release of a formal legal opinion on what opponents call the state's "Bathroom Bill." The Kansas bill defines male and female based on a person’s physical anatomy at birth and prohibits transgender people from using restrooms and locker rooms.
The attorney general wants to extend that bill beyond those current written limits.
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Kobach said his office wants to use the bill to avoid a 2019 federal court order that requires the state to issue corrected birth certificates with accurate gender markers to transgender people in Kansas.
“State records must be accurate and reflect the truth as defined in state law. A birth certificate is a record of what happened at the moment a baby came out of the womb. That baby weighed a specific amount and was a specific sex,” Kobach said. “Similarly, a driver’s license is a state document reflecting a state database for state purposes. It is not a canvas on which a person can paint one’s expression and preferences.”
The attorney general said the state would also require driver's licenses to reflect a driver's sex at birth under SB 180's definition of "biological gender."
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The new enforcement of the law would require any changes made to the listed gender on a license to be changed back to the sex that a person was assigned at birth. The interpretation does not require licenses already issued to be surrendered, but it will undo any previous alterations to the state's data and any documents issued in the future.
During a Q&A session with reporters, Kobach said that people who review licenses for identification are directed to look at photos for resemblance and not focus on the documented gender. Kansans are still allowed to make photo and name changes as desired.
In addition to the changes for birth certificates and licenses, the enforcement of the new law will also mandate that one Kansas facility in Topeka can only house people who were assigned female at birth. The new law does not currently affect any inmates housed there.
The American Civil Liberties Union condemned the move on Friday, following an official motion filed by the attorney general's office. They say the legal opinion directly conflicts with the 2019 federal court order that currently requires states to issue corrected birth certificates.
“What was true in 2019 remains true today: the state of Kansas cannot pick and choose which constitutionally protected rights it will recognize, and to deny any constitutional right to LGBTQ+ Kansans is unconstitutional and antithetical to our shared values," Kansas ACLU executive director Micah Kubic said. "It’s troubling to see Mr. Kobach cynically seize an opportunity for political gain that will no doubt ultimately be another round of continuing legal education for him.”
Douglas County District Attorney Suzanne Valdez said Friday that her office would not prosecute any case under Kansas Senate Bill 180.
Douglas County, Kan., says she won’t prosecute anyone after ‘bathroom bill’ goes into effectDouglas County, Kan., says she won’t prosecute anyone after ‘bathroom bill’ goes into effect
What the enforcement of SB 180 will ultimately look like remains to be seen and will likely be decided after more challenges in federal court.
The state's ACLU director does not believe the new law will change the 2019 order.
"He's saying that because the state legislature happened to pass another bill, which is extreme and vague and constitutionally suspect in its own way that, therefore, you shouldn't have to follow the court's order or the Constitution. And I think that's a laughable argument," Kubic said.
KMBC 9 will continue to track the ripple effects of the AG's announcement.
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