Transgender Kansans who have changed the gender markers on their driver’s licenses and birth certificates woke up on Thursday morning to find that those documents will be legally invalid.
A new law, which also bars transgender people from using restrooms that align with their gender identity and presentation, took effect on Thursday.
While other states have enacted policies banning gender marker changes, Kansas’ law is believed to be uniquely far-reaching because it also annuls previous changes that were legally carried out.
Matthew Neumann, a transgender man in Larned who runs an LGBTQ+ mutual aid organization, said he’s concerned about getting pulled over on the way to get a new license.
“I have to drive to the neighboring town,” he said. “Hopefully my driver's license is still valid at that time.”
The Kansas Department of Revenue has begun sending letters to individuals who have completed gender marker changes, according to advocates and multiple people who have posted copies on social media, including a state lawmaker.
As of publication, agency officials had not responded to questions about how many Kansans will be affected or notified about the change.
“Please note that the Legislature did not include a grace period for updating credentials,” read a copy of the letter posted on Facebook by Democratic Rep. Abi Boatman, who is a transgender woman.
“This means that once the law is officially enacted, your current credential will be invalid immediately, and you may be subject to additional penalties if you are operating a vehicle without a valid credential,” the letter said.
Neumann said he has not received a letter yet, and that the Kansas Department of Revenue site lists his license as still valid. But he’s bracing for the change.
“The trans community is getting a target on its back that wasn't there until this kind of legislation started,” he said.
The law also invalidates gender changes on birth certificates. A spokesperson for the Kansas Department of Health and Environment recently told the Topeka Capital-Journal that more than 1,800 birth certificates have had the “sex” field altered.
Before the weekend, the American Civil Liberties Union plans to file a lawsuit challenging the law in state court. The ACLU will also ask the court to halt the law’s implementation during the lawsuit.
ACLU attorney Harper Seldin said he was not aware of any other state law revoking gender marker changes that had already been approved.
“It invalidated them overnight with no grace period for folks to understand what that meant or to even comply by going into KDOR and exchanging their license,” he said.
“It also takes away the people's right to determine who knows that they're trans, and outs them whenever they interact with law enforcement or apply for a job or apply for housing,” he added.
Gender marker changes were the subject of a yearslong legal battle involving Republican Kansas Attorney General Kris Kobach and the state department of revenue, run by the Democratic administration of Gov. Laura Kelly.
Kobach has argued that medical and law enforcement professionals rely on IDs that list a person’s sex assigned at birth.
A court decision in October allowed KDOR to continue processing gender marker change requests for the first time since 2023. Now the department must again halt the practice.
Zane Irwin reports on politics, campaigns and elections for the Kansas News Service. You can email him at zaneirwin@kcur.org.
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