The American Civil Liberties Union has sued to block a new Kansas law that invalidates the drivers’ licenses and birth certificates of transgender residents.
The law, which passed after Republicans overrode a veto from Democratic Kansas Gov. Laura Kelly, also requires trans individuals to use the restroom of their sex assigned at birth — rather than their gender identity — in government buildings. And it allows individuals to file a complaint about possible violators, who could face fines of $1,000 or even criminal prosecution for repeated accusations.
The suit was filed in Douglas County District Court late Thursday on behalf of two transgender men who live in Lawrence, Kansas. It alleges that the new law violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process and freedom of speech.
“It's particularly cruel and horrifying. And I really think laws like this set neighbor against neighbor in a way that's not true to the spirit of Kansas,” Harper Seldin, lead attorney for the lawsuit, told KCUR’s Up To Date.
Seldin says the ACLU is requesting a temporary restraining order and injunction that would stop Kansas from enforcing the law or invalidating IDs until the court process plays out.
“Everyone deserves privacy and dignity and the right to be in a public library or a public courthouse and to use the restroom quietly and without event and leave and not worry that people are going to point and say, ‘What are you doing here? You're in the wrong restroom,’” Seldin said.
Republican lawmakers in Kansas maintain the law protects women and girls.
“This isn’t about scoring political points, but doing what’s right for women and girls across our communities,” said Kansas House Speaker Dan Hawkins after the passage of the law. “Kansans expect clarity, not confusion. They expect leadership, not surrender to radical activists.”
Trans Kansans who had already changed the gender markers on their IDs began receiving notices via mail this week that their drivers’ licenses or birth certificates were “invalid immediately,” because the law did not include a grace period. The Kansas Department of Revenue says it’s sent out 300 notices so far, and the Kansas City Star reports as many as 1,800 documents could be revoked.
Hazel Krebs, a trans woman living in Westwood, hasn’t gotten her notice yet, but expects to in the coming weeks. She’s concerned about what it means the daily life of her and her other “trans siblings” in Kansas.
Driving, voting, flying on an airplane and more all require a valid ID.
“There's so many parts of our lives that are affected, and that's just the driver's license aspect,” Krebs told KCUR’s Up To Date.
Each invalidated license will cost $8 to reissue, as the Kansas Legislature did not appropriate funds to replace them.
In Missouri, state lawmakers are considering bills that would make permanent restrictions barring trans athletes from competing in school sports, and prohibiting gender-affirming health care for minors.
- Harper Seldin, senior staff attorney, American Civil Liberties Union
- Hazel Krebs, transgender woman living in Westwood, Kansas
