Kansas Appeals Court Restores Gender Marker Changes on Driver’s Licenses

A Kansas Court of Appeals panel has reversed a lower court's injunction and restored the ability of transgender Kansans to change the gender marker on their driver’s licenses after nearly two years of restrictions. The appellate judges found that Attorney General Kris Kobach failed to provide evidence of irreparable harm or any legitimate law enforcement impediment from allowing such changes, rejecting his arguments that these changes could hinder criminal identification. The case centers on a 2023 state law defining sex strictly by birth reproductive anatomy, which Kobach used to file a lawsuit against the Kansas Department of Revenue's longstanding practice of permitting gender marker changes. The appeals court ruled that the district court judge abused discretion and committed legal errors in blocking the changes, allowing the Department of Revenue to continue issuing updated licenses while the lawsuit proceeds. The ACLU of Kansas, representing transgender Kansans, hailed the ruling as a victory for transgender rights and condemned the prior restrictions as violations of constitutional rights. Kobach’s office has 30 days to appeal the appellate court’s decision.