News & Commentary

“What they’re trying to do is excise transgender people from the protections of state code,” said Sharon Brett, an attorney at the ACLU of Kansas, referring to lawmakers in her state who passed a law last year that narrowly defines sex.

Civil rights advocates argued in court this week that drivers’ licenses should not lead to “forced outing,” leaving a district judge to decide how a divisive law will impact the day-to-day lives of transgender Kansans.

At the Shawnee County District Court hearing, Kobach, the Kansas Department of Revenue, and the ACLU of Kansas argued over whether KDOR should be blocked from allowing gender marker changes while the lawsuit against SB 180 continues.

D.C. Heigert, an attorney at the ACLU of Kansas, said a ban on gender-affirming care would prove especially damaging as the trans community in Kansas is already suffering from the effects of restrictions passed last year.

Earlier this past summer, in the ACLU of Kansas’ report about the historical and social significance of the Quindaro settlement, we talked about the aspirational Kansas we fear too many residents here have forgotten.

Sharon Brett, legal director of ACLU of Kansas, argued in a 60-page document submitted to the Shawnee County District Court that Attorney General Kris Kobach’s mistaken interpretation of how a new state law applied to driver’s licenses could result in violation of rights.

The new Monday filing from the ACLU of Kansas sets the stage for a January hearing in Shawnee County District Court on a July request from Attorney General Kris Kobach for a temporary injunction to continue blocking gender marker changes.

The ACLU of Kansas, representing five transgender Kansans who want to get or keep a driver’s license that matches their gender identity, has intervened in this lawsuit. “Mr. Kobach’s actions demonstrate a flagrant attempt to do an end-run around our state constitution,” said Sharon Brett.

Last month, the ACLU of Kansas sent a letter to local election officials urging them to allow transgender people to vote, regardless of the gender marker on their driver's licenses and other forms of ID.