Transgender Kansans file lawsuit challenging state law invalidating driver’s licenses News
Transgender Kansans file lawsuit challenging state law invalidating driver’s licenses

Two transgender Kansas residents on Friday filed a lawsuit in state court, asking the judge to strike down the recent law that immediately invalidates the driver’s license of anyone whose gender on their license does not match the one assigned at birth.

The lawsuit challenging bill SB 244 was filed on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union (ACLU) of Kansas and Ballard Spahr LLP. The lawsuit challenges the constitutionality of the bill on the grounds that it violates “the Kansas Constitution’s guarantees of personal autonomy, privacy, equality under the law, due process, and free expression.”

Harper Seldin, senior staff attorney for the ACLU’s LGBTQ and HIV Rights Project, stated:

SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia. The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.

Bill SB 244 came into force on Thursday after the House voted to override the Democratic governor’s veto. The bill immediately invalidates state drivers licenses with updated gender markers to mark the owner’s updated gender identity. On the eve of the bill coming into force, transgender residents of Kansas received letters informing them that their drivers licenses would be invalid immediately once the bill became law. In a statement to the Kansas City Star, Rep. Abi Boatman, a Democrat and only transgender member of the Legislature, stated that “the persecution is the point.”

Commonly known as the “Bathroom Bill,” the new law also bans transgender people from using a restroom in government buildings that does not conform to the gender they were assigned at birth. An individual found to have violated the law will first receive a warning; upon a second offense will receive a fine of $1,000; and upon a third or subsequent offense will be guilty of a class B misdemeanor. The law also authorizes people to report others they see violating the law, and sue them for up to $1,000 in damages.