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Kansas Judge Declines to Block Transgender ID and Bathroom Law

ACLU-backed plaintiffs now head to a March 18 case conference in their constitutional challenge.

Approximately 1,700 Kansans who claim to be another sex than they actually are have had their driver's licenses revoked after a state law banning ID changes based on "gender identity" went into effect last month. 
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Mandy Todd, left, pastor of Messiah Lutheran Church in Lindsborg, Kan., and Rabbi Moti Rieber, right, executive director of Kansas Interfaith Action, protest a new Kansas law that will invalidate hundreds of driver's licenses and birth certificates for transgender people that reflect their gender identities, Monday, Feb. 16, outside the Kansas Senate chamber in the Statehouse in Topeka, Kan. (AP Photo/John Hanna)
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Overview

  • Douglas County District Judge James McCabria on March 10 denied a temporary restraining order, leaving Senate Bill 244 in effect during the lawsuit.
  • The law defines sex as assigned at birth, bars changes to gender markers on driver’s licenses and birth certificates, and restricts access to multiuser bathrooms in government buildings to sex at birth.
  • State implementation began Feb. 26 and immediately invalidated more than 1,000 previously updated identification documents for transgender Kansans.
  • Plaintiffs proceeding under the pseudonyms Daniel Doe and Matthew Doe are represented by the ACLU and Ballard Spahr, while Attorney General Kris Kobach argued they failed to show likely success or irreparable harm.
  • Local outlet KWCH reported Kobach agreed to pause enforcement until March 26 to allow license applications, a claim reported in coverage but not uniformly confirmed in court records.