Skip to content
KSNT 27 News
Primary Menu
News
Weather
Sports
Community
Watch
More
Search
Search
INSIDE KANSAS POLITICS
Legal battle brewing: Kansas AG and ACLU of Kansas discuss SB 180
by: Joshua Irsik
Posted: Jul 3, 2023 / 05:39 PM CDT
Updated: Jul 3, 2023 / 05:55 PM CDT
TOPEKA (KSNT) – A legal battle is brewing over a new law that took effect July 1. Kansas Attorney General Kris Kobach’s legal opinion over SB 180 is getting snubbed by Kansas Governor Laura Kelly. Kobach says SB 180, which defines biological sex, also means that driver’s licenses and birth certificates must reflect sex at birth.
27 News Capitol Bureau Chief Rebekah Chung sat down with Micah Kubic, executive director of the ACLU of Kansas and Kobach to get their opinions.
In addition to his legal opinion, Kobach is also requesting the state of Kansas not follow a 2019 “consent decree,” which is a legally binding agreement that requires the state to update gender markers on birth certificates for transgender Kansans.
“So, Mr. Kobach filed this motion late in the evening last Friday asking permission essentially to no longer the constitution. Because the 2019 ruling by a federal district court said that the state of Kansas has to treat everyone fairly, has to treat transgender Kansans fairly, and give them the opportunity to change their birth certificates. But also, folks who had clerical errors on their birth certificates,” Kubic, of the ACLU, said. “Mr. Kobach has basically said that because the state legislature has passed a vague discriminatory law of its own that the state should no longer follow the constitution.”
‘Wildly varied access to democracy across the state’: ACLU study identifies faults in Kansas election system | KSNT.com
Following Kobach’s filing, the ACLU of Kansas released a statement.
“Mr. Kobach should rethink the wisdom and the sheer indecency of this attempt to weaponize his office’s authority to attack transgender Kansans just trying to live their lives.”
MICAH KUBIC, EXECUTIVE DIRECTOR OF THE ACLU OF KANSAS
Lambda Legal, the organization that filed a federal lawsuit that led to the consent decree, also issued the following statement.
“Today’s action represents yet another unnecessary and cruel move to target the transgender community with animus and discrimination for political gain. We will vigorously oppose this gimmick by Attorney General Kobach.”
LAMBDA LEGAL
Kansas Governor Laura Kelly has directed state agencies to follow their own legal council’s advice against Kobach’s opinion to update gender markers on driver’s licenses and birth certificates.
Click here for more Inside Kansas Politics stories | KSNT.com
“So, I think there is no question that when Mr. Kobach issued his advisory opinion earlier this week that was his opinion and his opinion alone,” Kubic said. “As an American, he has every right to have any opinions he likes and to put them out there in the world, but he has no authority over executive agencies, over the Kansas Department of Revenue (KDOR), or the Kansas Department of Environment (KDHE). I think they have interpreted the law correctly and properly in this circumstance.”
Transgender advocates are rallying statewide mainly concerned over what this could mean for their ability to use public areas like restrooms and locker rooms. But Kobach’s legal opinion doesn’t touch on those areas. Others believe that it will soon be on the horizon to where it will cover those areas.
“Well, I think the bill was intentionally vague and unclear,” Kubic said. “It certainly does not have any enforcement mechanism at all. What the law does is it establishes an unscientific and totally outdated and inaccurate definition of sex in state statute based on biological sex at birth. But it doesn’t really say anything else about how to implement that or how it will be enforced.”
Kubic goes on to say that he thinks that was by design. Without any enforcement mechanism, it is creating an environment of fear.
New Kansas laws to take effect July 1 | KSNT.com
Kansas Attorney General Kris Kobach says if it comes down to it he will sue if state agencies don’t follow the new law. This was after Governor Kelly directed state agencies to defy his legal opinion on SB 180.
“It’s not that she went against the legal opinion, the legal opinion just lays out what the law says, that the legislature passed a law over the governor’s veto and they got the two-thirds majority to override and the law states very clearly that agencies that collect vital statistics and other data…that they must list a person’s biological sex at birth,” Kobach said. “And that’s black and white right there in the law. And the governor saying, ‘Well nothing going to change. We’re going to continue changing people’s birth certificates sex and driver’s licenses sex if they make the request.’ She’s defying the clear language of the law and you know you can’t just veto a bill, get overwritten, and pretend as if your veto succeeded.”
Kobach says the governor is defying the law, but state agencies’ legal council is saying what they are doing right now is not defying the law.
Moms Demand Action, Kansas State Rifle Association discuss gun laws in Kansas | KSNT.com
“I don’t see how they can possibly reach that opinion,” Kobach said. “They’ll have to make that case before a judge. But this is one where the law is crystal clear. And we all saw it in the last few months. The debates in the legislature were very clear. They wanted to make sure that these state documents reflect biological sex and are not subject to change based on a person’s desire to transition their genders.”
Kobach goes on to say that the legislature made it clear it was their intent to do this and the law they drafted and passed does this.
One of the arguments is that Kobach’s legal opinion is not legally binding, it’s the interpretation of the law by the Kansas attorney general’s office. The Kelly administration says it doesn’t have to follow it.
“Well, any attorney, she is correct in the sense that an Attorney General’s opinion is the top attorney’s opinion for the rest of the state agencies. So, it’s like if you’re a client and your attorney tells you, ‘Well this is what the law says you have to do’ you can say ‘well I don’t want to do that,'” Kobach said. “She is not legally bound to do this. However, traditionally when an attorney general issues an opinion the state government would follow it. So, it’s pretty extraordinary for a governor to say, ‘No we’re not going to follow the reasoned advice of the Attorney General and no we’re not going to follow the clear text of the law.'”
Kobach went on to say that this is a very unusual situation Kansas is in right now. Where you have a governor who just tried to veto a law and is now saying she’s not going to follow what is clearly the intent of the law.
Marijuana & Medicaid: Kansas Dems prep for ‘fight’ in 2024 | KSNT.com
You can watch Inside Kansas Politics Sunday mornings at 10:30 a.m. on KSNT 27 News. To get the latest news on Inside Kansas Politics, check out our Twitter account or follow us on Facebook. And if you have a story you think we should cover email us at [email protected].
Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
SUBSCRIBE NOW
KSNT Evening News
Your email
SIGN UP NOW
SUBSCRIBE NOW
Daily News
Your email
SIGN UP NOW
TOP STORIES
More than $45,000 loss in Manhattan house fire
Kansas AAA provides tips ahead of Taylor Swift concert
Taylor Swift performs during "The Eras Tour" on Friday, May 5, 2023, at Nissan Stadium in Nashville, Tenn. (AP Photo/George Walker IV)
How Emporia prepares its fireworks show
A cooler, more active, weather pattern sets up for …
Top Stories
MORE STORIES
Suspect, 40, arraigned on murder charges in Philadelphia …
Associated Press Logo
US citizenship test changes are coming, raising concerns …
Hundreds of people become U.S. citizens during a naturalization ceremony at a convention center in Saint Paul, Minn., on March 9, 2023. The U.S. citizenship test is being updated and some immigrants and advocates worry the changes will hurt test-takers with lower levels of English proficiency. The test is one of the final steps toward citizenship — a months-long process that requires legal permanent residency for years before applying. (AP Photo/Trisha Ahmed)
Hong Kong police arrest 4 men accused of supporting …
FILE - Members of Hong Kong teen activist Joshua Wong's new political party Demosisto is officially unveiled during a press conference in Hong Kong, Sunday, April 10, 2016. Hong Kong national security police on Wednesday, July 5, 2023, arrested four men on suspicion of conspiring to collude with foreign forces and commit acts with seditious intent, escalating a high-profile crackdown on dissidents in the semi-autonomous Chinese city. Local media outlets are quoted saying the four were former members of the defunct pro-democracy party Demosisto. (AP Photo/Vincent Yu, File)
Conservatives go to red states and liberals go to …
Ukraine, Russia accuse each other of planning to …
FILE - The Zaporizhzhia nuclear power plant, Europe's largest, is seen in the background of the shallow Kakhovka Reservoir after the dam collapse, in Energodar, Russian-occupied Ukraine, Tuesday, June 27, 2023. Ukraine and Russia accused each other Wednesday, July 5, 2023, of planning to attack the power plant, which is occupied by Russian troops, but neither side provided evidence to support their claims. (AP Photo/Libkos, File)
More than $45,000 loss in Manhattan house fire
3 killed and 10 wounded at Louisiana block party, …
Associated Press Logo
Kansas AAA provides tips ahead of Taylor Swift concert
Taylor Swift performs during "The Eras Tour" on Friday, May 5, 2023, at Nissan Stadium in Nashville, Tenn. (AP Photo/George Walker IV)
More Stories
KSNT 27 News Video
More Videos
TRENDING STORIES
Breakfast sandwiches recalled in Kansas over allergy …
21-year sunspot record broken, what this means for …
Wamego local captures Boomtown hype in a song
Father and son make wild catch in Marysville
Boomtown USA lights up the Northeast Kansas sky
BESTREVIEWS.COM - TOP GIFTS TO MAKE EVERYONE HAPPY THIS SUMMER
Best gifts on sale early for Prime Day
Holiday
2 days ago
What products should you buy this Prime Day?
Holiday
2 days ago
How to navigate 4th of July sales
Holiday
3 days ago
Popular products that are a must-have for the Fourth …
Holiday
1 week ago
11 ‘dad shoes’ and other accessories that are perfect …
Holiday
1 week ago
Best Fourth of July deals to shop this year
Holiday
2 weeks ago
View All BestReviews Picks
KSNT
Working For You
Home
News
Weather
Radar
Video Center
EEO Report
FCC Public File (KSNT)
FCC Public File (KTKA)
FCC Public File (KTMJ)
Children’s Programming (KSNT)
Children’s Programming (KTKA)
Children’s Programming (KTMJ)
Get News App
Get the iOS app
Get the Android app from Google Play
Get Weather App
Get the iOS Weather app
Get the Android Weather app from Google Play
Stay Connected
Nexstar Logo
Privacy Policy
Terms Of Use
Covers
FCC Applications
Public File Assistance Contact
The Hill
NewsNation
BestReviews
Content Licensing
Nexstar Digital
Journalistic Integrity
Do Not Sell or Share My Personal Information
© 1998 - 2023 Nexstar Media Inc. | All Rights Reserved.
