If you or a loved one is impacted by Senate Bill 244 becoming a law, contact us by visiting aclu.org/KS_SB244 . We want to hear from you.

1. Senate Bill 244 requires transgender people to use the restrooms and other sex-separated facilities in government buildings associated with their sex assigned at birth, while creating new civil and criminal penalties to enforce those restrictions.
2. Senate Bill 244 changes the rules regarding government IDs for transgender people. It prohibits transgender people from updating their driver’s licenses or state ID cards to reflect their gender, and also invalidates transgender people’s existing driver’s licenses, state IDs, and birth certificates if those documents were issued in Kansas and reflect a gender different from a person’s sex at birth.

What does this mean for transgender people who have already changed the gender on their Kansas driver’s licenses?

SB 244 says that any driver’s license with a gender marker that is inconsistent with sex at birth is invalid as of February 26, 2026. The law contains no grace period. The Kansas Department of Revenue (KDOR) must provide written notice to anyone whose license is affected by this law, and many people have already received a letter informing them that their state-issued driver’s license is now invalid.

While not everyone with an affected license has received a letter, KDOR’s website now says: Pursuant to this new law, if the gender/sex indication on the face of your current credential does not match your sex assigned at birth, you are directed to surrender your current credential to the Kansas Division of Vehicles (DOV). https://www.ksrevenue.gov/dovgender.html

You can also check the status of your license on KDOR’s website, but we do not know how or whether that is being updated for licenses affected by SB 244.

What if I have not updated the gender marker on my driver’s license or ID to reflect my gender identity?

If you have not updated your gender marker and it reflects your sex assigned at birth, SB 244 does not apply, and your driver’s license or state ID should remain valid.

What are the penalties for driving with an invalid license now that SB 244 is in effect?

The penalties may depend on other factors associated with the offense, including the number of prior offenses, but can include fines and/or jail time.

I need a valid driver’s license for my job. What should I do?

We cannot give legal advice, but we do encourage you to speak with your employer about whether any temporary accommodations can be made.

What if I have a driver’s license or ID from another state that does not reflect my sex assigned at birth?

SB 244 applies only to driver’s licenses and birth certificates that were issued by the state of Kansas.

Does this impact any other state-issued documents and licenses?

SB 244 only specifically invalidates driver’s licenses and birth certificates, but the law also says, “with respect to the application of an individual’s biological sex pursuant to any state law or rules or regulations,” the definition of “sex” or “gender” means “biological sex, male or female, at birth.” We do not know how that affects the validity of other kinds of previously issued licenses.

I have a Kansas driver’s license/state ID that is now invalid under SB 244. Can I still use it to drive, apply for work/school/housing, vote, fly, or purchase goods and services?

We understand that the Kansas Department of Revenue (KDOR) has sent letters to some individuals stating that their licenses are invalid. KDOR’s letter provides instructions about your obligations with respect to driving and states that there is no grace period. KDOR has also said on its website that invalid licenses cannot be used to purchase age-restricted items: https://www.ksrevenue.gov/dovgender.html

We currently do not know how the invalidation of your driver’s license affects your ability to use it for other purposes.

I received a letter informing me that my license is now invalid, but my record on the Division of Vehicles website still lists my license as active. Which is correct?

KDOR is in the best position to know the status of driver’s licenses. But SB 244 says that licenses with a gender marker inconsistent with sex assigned at birth are invalid as of February 26, 2026. KDOR’s website now says: Pursuant to this new law, if the gender/sex indication on the face of your current credential does not match your sex assigned at birth, you are directed to surrender your current credential to the Kansas Division of Vehicles (DOV). https://www.ksrevenue.gov/dovgender.html

I have not received a letter from KDOR telling me that my license is now invalid. Do I need to turn over my license to KDOR?

SB 244 directs KDOR to send written notice to everyone whose license is invalidated by SB 244, but we do not know its process for sending letters. But SB 244 says that licenses with a gender marker inconsistent with sex assigned at birth are invalid as of February 26, 2026. KDOR’s website now says “Pursuant to this new law, if the gender/sex indication on the face of your current credential does not match your sex assigned at birth, you are directed to surrender your current credential to the Kansas Division of Vehicles (DOV).”

What will it mean if the ACLU wins the Temporary Restraining Order it has asked for on behalf of transgender Kansans?

We are asking the court to temporarily enjoin enforcement of SB 244 so that existing driver’s licenses remain valid while this lawsuit is ongoing, but we do not know how the court will rule. While we have asked for a ruling quickly, we do not know what the court will decide or when it will decide.

How does this affect my right to vote?

Since 2012, Kansas has required voters to have a photo ID when voting in person. The Kansas Secretary of State has a list of acceptable forms of photo ID for voting.

Where should transgender people go to use the restroom in government buildings?

Kansas law puts transgender people in an impossible position. For transgender people, using the restroom consistent with their gender and how they live their lives, is now against the law in government buildings. But using the restroom consistent with their sex at birth in government buildings may out them as transgender and be unsafe. Either way, transgender people may be punished and harassed.

Are there any exceptions to SB 244 for restrooms?

Yes, there are some exceptions for people entering restrooms for things like custodial purposes, providing assistance to someone who needs help using the facility, or for children under nine years old accompanying a caregiver. The full list of exceptions is below.

SB 244 says that an individual “may enter a multiple-occupancy private space designated for use only by individuals of the opposite sex: (A) For custodial purposes; (B) for maintenance or inspection purposes; (C) to render medical or other emergency assistance; (D) to accompany and provide assistance to an individual who needs assistance using the facility; (E) for law enforcement purposes; (F) to render assistance necessary in preventing a serious threat to proper order or safety; or (G)to provide coaching or athletic training during athletic events, provided such individual is a member of the coaching or athletic training staff and such individual ensures that no individual of the opposite sex is in a state of undress prior to entering such multiple occupancy private space; and (2) a child who is under nine years of age may enter a multiple occupancy private space designated for use only by individuals of the opposite sex if accompanied by an individual caring for such child.”

Can anyone still use a single-user restroom?

Yes, but single-user restrooms are not always available, and we recognize that utilizing them may impose delays or other burdens on transgender people. And no one should be forced to use a single-user restroom as a condition of being in a government building.

What are the consequences of using a restroom that is different from the ones designated for my sex assigned at birth?

Under SB 244, using a multi-user restroom in a government building that is different from the ones designated for your sex assigned at birth exposes you to potential civil and criminal liability.

Does this law apply to other single-sex spaces beyond restrooms?

Yes. SB 244 applies not only to restrooms, but also to locker rooms, changing rooms, or shower rooms in buildings owned or leased by a government entity, as well as any “facility designed or designated for simultaneous use by more than one person" where someone “may be in a state of undress in the presence of another” person, “regardless of whether the facility provides curtains or partial walls for privacy.”

Can I be sued for using a restroom or other single-sex space that is inconsistent with my sex assigned at birth?

Yes. SB 244 creates a cause of action for anyone who “while accessing a multiple-occupancy private space designated for use only by such individual’s sex, is aggrieved by the invasion of such individual’s personal privacy or is otherwise harmed by a violation of this section by an individual of the opposite sex.” SB 244 also creates an affirmative defense for the person sued that they “did not know that the multiple-occupancy private space was designated for use only by individuals of the opposite sex to that of the defendant.”

How can I protect myself when using the restroom in government buildings or in public?

• If someone confronts you, claiming you are in the wrong restroom, say you will be done momentarily or that you will leave as soon as you finish, and avoid further confrontation.
• If someone threatens violence against you, leave as immediately as you can.
• If asked to leave by law enforcement or a government employee with authority over the building, leave as immediately as you can.

What should I do after being told to leave a restroom by law enforcement or a government employee with authority within that building?

When you are somewhere safe, write down what happened and the names or roles of any people who asked you to leave or threatened you.

What should I do if someone demands that I show them ID to verify my gender?

SB 244 does not give individuals the right to demand information about your body or to see your ID. If a law enforcement officer asks you a question, you have the constitutional right to remain silent. However, if an officer asks you to identify yourself, you may be required to do so. Learn more about your rights when stopped by law enforcement here: https://www.aclukansas.org/know-your-rights/when-stopped-police-kansas/#footnote%202

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