News & Commentary

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.

"This policy change is devastating news for the trans community in Kansas, as accurate, affirming identity documents are crucial for the health, safety, and wellbeing of trans people," said D.C. Hiegert, an LGBTQ+ legal fellow at the ACLU.

DC Hiegert, LGBTQ legal fellow for the ACLU of Kansas, stated that one of the best ways to support the trans community during this time is to take action by providing aid and resources for those in need.

The constitutional avoidance defense that we're raising in this case certainly requires the attorney general to contend with arguments that he did not want to contend with and was not planning on contending with when he filed this mandamus action," she said.

Attorneys for the ACLU of Kansas and Attorney General Kris Kobach's office sparred in court Wednesday over the issue, which comes amid the ongoing legal dispute over the impact of a new law, Senate Bill 180.

“We are gratified that the court has seen that our clients have a vested interest in the outcome of this case, and should be entitled to make their arguments,” said Sharon Brett, legal director of the ACLU of Kansas. “… This case is about trans Kansans’ well-being and their ability to live freely."

In wake of the attorney general’s effort to undo the consent order, Kansas ACLU executive director Micah Kubic said Kobach ought to rethink the “sheer indecency of this attempt to weaponize his office’s authority to attack transgender Kansans just trying to live their lives.”

"I think it's important to remember that these lawsuits impact people," said Sharon Brett, the ACLU's legal director. "They have impact on people's health and safety and livelihood and dignity and privacy. And those rights could be asserted in the state court and should be asserted[...]"