Kansas must stop changing the sex designation on “transgender” people’s driver’s licenses to align with their gender identity, a state-court judge ruled Monday.
The order came after Kansas Attorney General Kris Kobach, a Republican, filed a lawsuit over legislation that allows people who identify as transgender and non-binary to change their sex on their driver’s license, which Townhall covered.
Reportedly, U.S. District Judge Theresa Watson’s order will be in effect for at least two weeks and can be extended. This came three days after Kobach sued two officials in Democratic Gov. Laura Kelly’s administration over the law (via the Associated Press):
Kobach contends that a law, which took effect on July 1, prevents such changes and requires the state to reverse any previous changes in its records. It defines “male” and “female” so that Kansas law does not recognize the gender identities of transgender, nonbinary or gender non-conforming people. The Republican-controlled Legislature enacted it over Kelly’s veto.
Watson wrote in her brief order that for the motor vehicles division to keep making changes for transgender people would cause “immediate and irreparable injury.” Driver’s licenses remain valid for six years, and Watson noted Kobach’s argument that licenses “are difficult to take back or out of circulation once issued.”
“Licenses are used by law enforcement to identify criminal suspects, crime victims, wanted persons, missing persons and others,” Watson wrote. “Compliance with state legal requirements for identifying license holders is a public safety concern.”
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The new Kansas law defines a person’s sex as male or female, based on the “biological reproductive system” identified at birth, applying that definition to any state law or regulation.
Reportedly, almost 400 people had changed their sex on their driver’s license by the end of June.
Last year, the State Department announced that American citizens could change the gender marker on their passport to “X” if they do not want to select “male” or “female.” This was done for “non-binary, intersex, and gender non-conforming individuals,” the agency’s website stated.
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