Two transgender men in Kansas filed a lawsuit on Friday asking a state court to set aside a new Kansas law that has invalidated driver’s licenses and birth certificates for more than 1,000 transgender residents. The plaintiffs are represented by the American Civil Liberties Union and contend the statute breaches protections for equality, due process and privacy under the Kansas state constitution.
The law, which took effect on Thursday, requires residents to list the sex on driver’s licenses and birth certificates that matches the sex they were assigned at birth and bars future changes to the gender markers on those documents. Kansas is, according to the complaint, the only U.S. state to revoke previously approved changes to gender markers on identification documents.
In addition to altering identification rules, the statute prohibits transgender people from using multi-occupancy bathrooms in government buildings that do not correspond to their sex assigned at birth. The law also creates a private right of action, authorizing private citizens to bring lawsuits against people who allegedly violate its provisions.
The two plaintiffs, who have filed the complaint under pseudonyms, say the law will force them to disclose their transgender status each time they present identification, and that the mismatch between their presentation and the information on state-issued IDs will expose them to harassment and physical danger when they use public bathrooms. The lawsuit seeks, among other remedies, a temporary order barring enforcement of the law while the case is litigated.
Kansas officials said on Thursday that identification documents had been invalidated for more than 1,000 state residents. The state has required affected residents to obtain new driver’s licenses, for which they must pay the applicable fees.
The defendants named in the complaint include the office of Kansas Attorney General Kris Kobach and the state agencies responsible for issuing identification documents and maintaining government buildings. The office of Attorney General Kobach did not immediately respond to a request for comment.
The challenge in Kansas comes amid a wider pattern of legislative activity in Republican-led statehouses. At least eight other states, including Texas, Florida and Indiana, have enacted measures that prohibit changes to gender markers on identification documents going forward. Several of those laws are already subject to legal challenges.
The lawsuit and the statewide policy shift also intersect with broader actions at the national level affecting transgender rights. The complaint notes recent executive directives from Republican President Donald Trump since returning to office last year, including one that declared the U.S. government will recognize only two sexes, male and female. Other directives described in the complaint sought to exclude transgender athletes from female sports and to require passport applicants to list the sex assigned at birth.
Kris Kobach’s office previously filed suit in 2023 arguing that allowing changes to the gender markers on driver’s licenses was unlawful under state law. A state court rejected those arguments last year. State lawmakers then drafted and passed the bill that was ultimately enacted after the Kansas legislature overrode the veto of Democratic Governor Laura Kelly.
Key points
- Two transgender men in Kansas, backed by the ACLU, have sued to overturn a law that invalidated more than 1,000 previously changed gender markers on state IDs.
- The law requires gender markers on driver’s licenses and birth certificates to match sex assigned at birth, bans future changes, restricts restroom access in government buildings, and permits private lawsuits for violations.
- The defendants include the Kansas Attorney General’s office and state agencies that issue IDs and manage government facilities; this law follows similar measures in at least eight other states and sits alongside recent federal directives affecting transgender rights.
Risks and uncertainties
- Legal uncertainty - The statute is the subject of immediate litigation and could face a temporary injunction or other court rulings that alter enforcement; this affects state agencies tasked with implementing ID and facilities policies.
- Safety and privacy risks - Plaintiffs say the requirement to present IDs reflecting sex assigned at birth will increase the risk of harassment and violence for transgender people when accessing public restrooms, with implications for public building management and security planning.
- Administrative and financial impacts - More than 1,000 invalidated documents require replacement, creating direct costs for affected residents and additional administrative burden for state agencies that issue driver’s licenses.