News & Commentary

The American Civil Liberties Union of Kansas said in a statement that the appeals court's decision is clear in upholding transgender Kansans' rights, but that decision isn't in effect until a mandate is issued.

The ACLU of Kansas, the ACLU and Stinson LLP intervened in the case on behalf of five transgender Kansans who claim to have been harmed by Kobach’s effort to ban and reverse changes to the gender markers on their driver’s licenses.

A three-judge appeals court panel on Friday cleared the way for Kansans to resume changing their gender markers on driver’s licenses, rejecting arguments made by Attorney General Kris Kobach and overturning a lower court ruling.

"This decision recognizes that the Attorney General had not shown any harm at all in allowing transgender Kansans the same personal autonomy, privacy, and dignity that all Kansans deserve," said D.C. Hiegert, an ACLU attorney, said in a statement to The Capital-Journal.

The American Civil Liberties Union of Kansas called the ruling a victory for transgender Kansans. The legal organization had intervened in the case on behalf of five transgender Kansans, arguing Kobach’s lawsuit and the court’s injunction violated their constitutional rights.

Eunice Cho, an attorney with the American Civil Liberties Union’s Prison Project, said a Kansas prison faces similar conditions and added third bunks on beds to fit more immigrant detainees. While ICE data shows an average of 26 migrants, she said it’s closer to 80.

“Holding people in extended lockdown, and denying them access to adequate medical care, legal counsel, and even sunlight isn’t just inhumane,” Cho said. “It’s illegal.”

A judge on Wednesday barred a major U.S. private prison operator from housing immigrants facing possible deportation in a shuttered Kansas City area detention center unless it can get a permit from frustrated city officials.

Esmie Tseng, spokeswoman for the American Civil Liberties Union of Kansas, attended the hearing. She was pleased the judge heard the city’s concerns but is worried about what will happen in the future.