Transgender Men Sue Kansas Over Driver's License Law
Two transgender men have filed a lawsuit against the state of Kansas, challenging a new law that invalidated their driver's licenses and approximately 1,700 others for reflecting their gender identities instead of their sex assigned at birth. The men argue that the measure is "dehumanizing" and violates constitutional rights.
Legal Challenge Filed on Law's Effective Date
The lawsuit was filed on Thursday, the same day the law took effect, in Douglas County District Court. The plaintiffs contend that the law infringes upon rights to privacy, personal autonomy, and due legal process guaranteed by the Kansas state constitution. Additionally, they are challenging the law's stringent enforcement provisions related to the state's three-year-old policy restricting transgender individuals from using public restrooms or other single-sex facilities aligned with their gender identities.
Request for Injunction and Broader Impact
The men are seeking an injunction from District Judge Catherine Theisen to block the law, which also invalidated about 1,800 transgender people's birth certificates. Douglas County, home to the University of Kansas's main campus, is considered a liberal stronghold within the generally conservative state. The lawsuit asserts, "The Kansas constitution prohibits the Kansas legislature's targeting of transgender individuals for this discriminatory and dehumanizing treatment."
Background and Legislative Context
The new law was enacted on February 18, 2026, after Republican legislators, who hold a supermajority, overrode a veto by Democratic Governor Laura Kelly. Governor Kelly had appointed Judge Theisen to the bench in 2022. This legislation follows a 2023 state law, also enacted over Kelly's veto, which defined male and female based on a person's "biological reproductive system" at birth. The Kansas Supreme Court has not yet reviewed that law.
Enforcement and Penalties
The recently enacted law imposes stiff fines on cities, counties, public schools, and state agencies that fail to restrict transgender people's use of facilities, along with fines and criminal prosecutions for transgender individuals who violate it. Furthermore, people can sue transgender individuals over alleged violations. Republican legislators defended the law, arguing it protects girls and women, often describing transgender women and girls as male.
Specific Provisions and State Actions
The law prohibits any "sex" listing on driver's licenses and birth certificates other than the one assigned at birth and invalidates existing records that do not comply. Kansas has begun notifying transgender people by mail that their licenses are invalid and requiring them to obtain new ones immediately. While at least eight other states do not allow transgender people to change one or both documents, Kansas is unique in invalidating previously changed documents.
Plaintiffs and Representation
The two plaintiffs, from Lawrence—approximately 40 miles west of Kansas City—are represented by American Civil Liberties Union attorneys. They are identified as Daniel Doe and Matthew Moe, opting for anonymity due to fears of discrimination, harassment, and violence. Their case highlights ongoing tensions between state policies and transgender rights in Kansas.
