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A judge ruled Monday that barring Kansas drivers from identifying as transgender on their licenses did not violate their constitutional rights.
Republican Attorney General Kris Kobach filed a lawsuit against Democratic Gov. Laura Kelly in July 2023 after the governor’s office said that the state would continue to issue driver’s licenses reflecting a person’s gender identity despite the Kansas Legislature passing a bill requiring only biological sex on government IDs, according to the Kansas Reflector. Judge Teresa Watson upheld her previous ruling from last year barring the Kansas Department of Revenue from adding options other than a person’s biological sex to driver’s licenses and further stated that the law did not violate transgender individuals’ rights under the state constitution, according to court documents.
“Information recorded on a driver’s license does not interfere with transgender persons’ ability to control their own bodies or assert bodily integrity or self-determination,” Watson wrote in her opinion.
Watson disagreed with claims that not having gender identity on a driver’s license violated a person’s right to “personal autonomy, informational privacy; and equal protection of the law.”
Gov. Kelly’s attorney, Pedro Irigonegaray, had complained, “What possible reason can we articulate to deny our transgender population peace of mind?Why this vindictive attitude towards this class of individuals?”
On Monday, Kobach issued the following statement in a press release:
Today, the District Court of Shawnee County issued a temporary injunction along with a memorandum decision in the case of State of Kansas ex rel. Kris Kobach v. David Harper, et al. The court held that Kansas driver’s licenses are required to list sex at birth and only sex at birth.
Attorney General Kobach served as lead counsel for the state in a two-day trial held on Jan. 10 and 11.
“This decision is a victory for the rule of law and common sense. The Legislature wisely stated that state agencies should record biological sex at birth, and today the court held that the meaning of the law is clear,” Kobach said.
In late June of 2023, Gov. Kelly announced that she did not intend to enforce a provision of SB 180 (K.S.A. 77-207) that required driver’s licenses to list sex at birth and only sex at birth. The Attorney General sued Kelly administration officials seeking to compel them to comply with the plain terms of the law. The court granted a temporary restraining order in July.
With today’s court order, Attorney General Kobach has prevailed. The court held: “In sum the language of the statute is clear. K.S.A. 77-207 applies to require the sex designation on driver’s licenses and the corresponding information in the KDOR database to identify the licensee’s biological sex as male or female at birth.”
Kobach had announced in July 2023 that the state would remove gender identity from drivers licenses.
Kansas AG Kris Kobach announced that transgender people who legally changed the gender on their drivers licenses or birth certificates will soon see them forcibly changed back by the state. pic.twitter.com/U7Jv507JOp
— Citizen Free Press (@CitizenFreePres) June 28, 2023
Kobach sues to strip transgender Kansans of identities in dispute over driver’s licenses | via @sherman_news #ksleg https://t.co/5umev7k2WJ
— Kansas Reflector (@KansasReflector) July 7, 2023
A Kansas judge says barring driver’s license changes doesn’t violate transgender people’s rights https://t.co/uemH1n26uC
— The Associated Press (@AP) March 12, 2024
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