Kansas Sends Letters To Trans People Demanding The Immediate Surrender Of Drivers Licenses
"The legislature did not include a grace period."
Today, transgender people across Kansas are reporting receiving letters from the Kansas Division of Vehicles stating that they must surrender their driver's licenses and that their current credentials will be considered invalid upon the law's publication in the Kansas Register on Thursday. Should any transgender person be caught driving without a valid license, they could face a class B misdemeanor carrying up to six months in jail and a $1,000 fine. Kansas already requires county jails to house inmates according to sex assigned at birth. The letter, obtained by Erin in the Morning, marks one of the most significant erosions of transgender civil rights in the United States to date.
The letter, which has been reported to Erin In The Morning by a Kansas-based activist, states that under House Substitute for Senate Bill 244, Kansas-issued driver's licenses and identification cards must now reflect the credential holder's “sex at birth.” It warns that upon the law's publication in the Kansas Register on Thursday, February 26, current credentials for affected individuals "will no longer be valid." The Legislature, the letter notes, "did not include a grace period for updating credentials," and anyone operating a vehicle without a valid credential "may be subject to additional penalties." Those whose gender marker does not match their sex assigned at birth are directed to surrender their current credential to the Division of Vehicles for reissuance.
You can see the full letter here:
SB 244, also known as the "bathroom bounty" bill, contained heavy identification document bans as well. The bill was rushed through the Kansas Legislature in January using a "gut and go" procedure that bypassed nearly all public input on its key provisions. Governor Laura Kelly vetoed the bill on February 13, calling it "poorly drafted," but the Legislature overrode her veto days later. In addition to the driver's license provisions, the law bans transgender people from using bathrooms matching their gender identity in public buildings and creates a bathroom bounty hunter system allowing citizens to sue transgender people they encounter in restrooms for at least $1,000 in damages, including potentially in private restrooms. The bill takes effect immediately upon publication in the Kansas Register rather than the standard July 1 effective date—giving transgender Kansans just days between the override and the invalidation of their identity documents.
The consequences for noncompliance could escalate quickly. Under Kansas law, driving without a valid license is a class B misdemeanor punishable by up to six months in jail and a $1,000 fine—though first-time offenders are more likely to face a citation and fine. A conviction, however, triggers an automatic 90-day license suspension. If a person drives during that suspension, they face a charge of driving on a suspended license, which carries a mandatory minimum of five days in jail. Kansas already requires county jails to house inmates by sex assigned at birth.
The Kansas letters arrive amid an accelerating nationwide campaign to strip transgender people of accurate identification documents. The Trump administration has barred transgender Americans from obtaining passports that reflect their gender identity, a policy the Supreme Court allowed to take effect in November. The Social Security Administration has similarly stopped permitting gender marker updates. At the state level, Florida, Texas, Indiana, and other states have moved to block gender marker changes on driver's licenses or birth certificates. But Kansas appears to be the first state to go further than simply blocking future changes—it is actively invalidating previously issued documents and demanding their surrender.
As a result of this extreme anti-transgender law, the state of Kansas has seen its status deteriorate to a "Do Not Travel" warning in the EITM Trans Risk Map. Transgender people should exercise extreme caution when traveling through the state, and those already living there should take immediate steps to legally protect themselves in the face of laws that could strip their driving privileges, expose them to criminal penalties, and subject them to thousand-dollar bounties simply for using a restroom. For most transgender people who do not already live in Kansas, the risk is now too great to travel there at all.
Republican lawmakers: How to immediately create a new undocumented population of “illegals” This is so unconstitutional it’s sick.
Ugh. For starters, if there’s no grace period, how are you supposed to get to the DMV to surrender your license? Driving to the DMV would turn into a Class B misdemeanor under this law.