A Kansas judge has upheld a temporary ban preventing transgender individuals from altering the sex designation on their driver's licenses, citing potential public safety risks. District Judge Teresa Watson stated that the surge of nearly 200 license changes in recent weeks, prompted by a new state law restricting transgender rights, created an immediate concern for law enforcement's ability to identify individuals accurately.
The ruling represents a victory for Republican Attorney General Kris Kobach, who sued the Kansas Department of Revenue after it continued to process the changes following the law's enactment on July 1st. Kobach argued that the department's actions defied the new legislation, which defines sex based on assigned sex at birth. The department, however, maintains it was adhering to a separate, older statute pertaining to driver's licenses, which requests gender rather than sex assigned at birth.
Judge Watson's order highlighted data from the Department of Revenue revealing a significant spike in license changes – 172 in June alone, equivalent to a third of all such changes in the past four years. The judge emphasized the importance of accurate identification on licenses for law enforcement purposes, including identifying suspects, victims, wanted individuals, and missing persons. The ban is currently set to expire on July 24th, with a further hearing scheduled to determine whether an extension is warranted.
This image shows a sample Kansas driver's license issued by the Division of Vehicles, originally produced in June 2021. (Kansas Department of Revenue via AP)
While the legal battle continues, five transgender Kansas residents, backed by the American Civil Liberties Union, have requested to join the lawsuit. One individual, Adam Kellogg, a University of Kansas student, shared an experience of being questioned by police during a traffic stop due to a mismatch between his license and gender identity, highlighting the practical implications of the dispute. Currently, Kansas joins Montana and Tennessee as states that prohibit transgender individuals from changing the sex designation on their driver's licenses, although the latter two states' laws specifically address driver's licenses, unlike the broader Kansas law.
Critics of the Kansas law argue that it is poorly drafted and reflects a broader attack on transgender rights. Some, like Jenna Bellemere, another transgender University of Kansas student, believe the law demonstrates a lack of understanding and competence in crafting effective legislation.
