Kansas Supreme Court Delivers Big Win For Driver’s License Gender Markers

“I want every transgender Kansan to be able to live their lives authentically.”

Public Domain // Kansas Judicial Center

After a grueling two-year fight, starting on Tuesday, the Kansas Department of Revenue (KDOR) will resume issuing accurate driver’s licenses to transgender Kansans, a spokesperson for the ACLU of Kansas told Erin in the Morning.

Last week, the Kansas Supreme Court declined to hear Attorney General Kris Kobach’s request to uphold a district court order preventing the state from updating IDs for trans residents. And while there is still a fight ahead, it marks a notable victory for trans people in a state that has been holding their driver’s licenses hostage for years.

“I want every transgender Kansan to be able to live their lives authentically,” said Kathryn Redman, a 65-year-old resident and a plaintiff in the case, Kansas v. Harper, brought on by the ACLU and Stinson LLP.

AG Kobach asserted that the courts needed to put a stop to the license updates indefinitely, claiming it would interfere with law enforcement’s ability to identify and apprehend criminal suspects. The Court of Appeals called this “mere speculation.”

“There is no hidden agenda,” Redman told Erin in the Morning. “All I tried to accomplish and what I have accomplished by my transition is, I now live my life at peace with myself.”

In theory, the case should now be returned to a new trial court for final resolution. But the conservative Kobach doesn’t want to let that happen. He and other Republican officials have sought to call a special legislative session on the matter—a process they were already undertaking in a transparent attempt at gerrymandering, and it has seen renewed fanfare in light of the court events this past week.

The fight to strip trans Kansans of their rights, state Senate President Ty Masterson wrote in an Oct. 1 letter, is considered “even more important than redistricting.” He called on the Kansas State Republican Caucus to simply “add a few words” to state law to stop Kansans from updating their gender markers.

The legal proceedings have ricocheted from court to court since July 2023, when legislators overrode Democratic Governor Laura Kelly’s veto on Senate Bill 180. The anti-trans law takes after legislation proposed by right-wing, anti-trans organizations, misleadingly dubbed the “Women’s Bill of Rights.” In practice, the only thing the bill does is codify sex segregation and target the equal rights of transgender people. It makes no mention of forcing Kansans to carry a driver’s license with an inaccurate gender marker.

“Rather than accepting the decisions of the two highest courts in our state, Mr. Kobach is resorting to backroom attempts to change the law and shut the courts out of our government so he can have full, unchecked power,” Micah Kubic, executive director of the ACLU of Kansas, said in a statement. “This is, simply put, a power grab by the attorney general that goes beyond his baseline of cheap political theater and wasteful litigation.”

Kubic denounced Kobach’s “extremist and discriminatory agenda,” adding that it “threatens not just the privacy and agency of all Kansans but also the very checks and balances of our state government.”