TOPEKA, Kan. —
Despite a legal victory last week, transgender Kansans will not be allowed to change the gender marker on their Kansas driver's licenses at this time, according to the Kansas Department of Revenue.
The Kansas Court of Appeals ruled on June 13 to reverse a district court decision temporarily barring the Kansas government from making changes to gender markers on driver's licenses.
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The Kansas Department of Revenue, which issues driver's licenses in Kansas, told KMBC 9 news that, despite that ruling, it will not allow those gender marker changes to resume at this time because Attorney General Kris Kobach has said he may appeal the ruling.
"The Attorney General's announcement of intent to seek review of the Court of Appeals' decision in State v. Harper means the Court's decision is on hold pending review by the Kansas Supreme Court," said KDOR Director of Communications Zach Denney. "KDOR, consistent with Kansas Supreme Court Rules, will continue to operate under the temporary restraining order until the litigation is resolved."
The attorney general's office has 30 days to file an appeal. No appeal has been filed at this time.
The Kansas ACLU represented five transgender Kansans in the case. In a statement, the organization said, "The Kansas Court of Appeals' decision is clear in upholding the rights of transgender Kansans to have their gender markers changed on their driver's licenses. However, that decision is not in effect until a mandate is issued, and therefore KDOR is still not currently making gender marker changes."
In July 2023, Attorney General Kobach filed a lawsuit in state court against the Kansas Department of Revenue, asking the court to rule that a state law, S.B. 180, prohibits transgender people from changing their gender markers on their driver's licenses. S.B. 180 attempts to legally define sex but makes no explicit reference to driver's licenses or gender.
A Shawnee County trial judge granted a temporary injunction, which blocked the Kansas Department of Revenue from allowing gender marking changes while the case goes forward.
The Kansas Court of Appeals lifted that injunction, saying there was no evidence "beyond mere speculation" to support the trial court's finding that allowing transgender people to change their gender markers would impair the identification of criminal suspects.