Two transgender men have taken legal action against Kansas over groundbreaking legislation that wiped out approved gender marker changes on identification documents for more than 1,000 state residents.
The lawsuit, filed Friday in Kansas state court with support from the American Civil Liberties Union, argues the new law breaches constitutional protections for equality, due process, and privacy under state law.
Kansas now stands alone as the only state in America to reverse previously authorized gender marker modifications on official documents, reflecting a wider movement among Republican-controlled state governments to limit transgender rights.
The comprehensive legislation, which became effective Thursday, mandates that Kansas residents update their gender designation on driver’s licenses and birth certificates to match their birth-assigned sex. Additionally, it permanently prohibits future gender marker changes on these official documents.
The law further restricts transgender individuals from accessing multi-occupancy restrooms in government facilities that don’t align with their birth-assigned sex, while empowering private citizens to pursue legal action against violators.
Filing under assumed names, the plaintiffs argue the legislation forces them to reveal their transgender identity whenever showing identification and puts them at risk for harassment and violence in public restrooms. They plan to request a temporary injunction to halt enforcement during litigation.
State officials confirmed Thursday that identification documents for more than 1,000 Kansas residents have been invalidated. Those affected must purchase replacement driver’s licenses at their own expense.
Republican Attorney General Kris Kobach’s office, named as a defendant alongside state agencies responsible for issuing identification and managing government facilities, has not yet responded to requests for comment.
At least eight additional states, including Texas, Florida, and Indiana, have implemented similar restrictions on future gender marker changes, with several facing court challenges.
Transgender Americans are encountering growing limitations at state and federal levels. President Donald Trump has implemented multiple executive orders targeting transgender rights since resuming office.
One presidential directive declares the federal government will acknowledge only male and female as recognized sexes. Additional orders aim to bar transgender athletes from women’s sports and mandate passport applicants list their birth-assigned sex.
In 2023, Kobach’s office had argued that permitting gender marker changes on driver’s licenses violated existing state law, but a state court dismissed those claims last year.
State legislators subsequently introduced the bill that became law after the Kansas legislature successfully overrode Democratic Governor Laura Kelly’s veto.
