TOPEKA- The Kansas Court of Appeals heard arguments regarding a law that requires driver’s licenses to reflect a person’s biological sex at birth, sparking a debate over the distinction between sex and gender. Attorney General Kris Kobach sued the Kansas Department of Revenue for allowing transgender residents to be identified by their gender on their licenses. The law, based on model legislation from a far-right group, was passed in 2023 but vetoed by the governor and overridden by the Legislature. The case revolves around whether the state has the authority to gather accurate data on driver’s licenses and whether driving is a privilege or a right. Anthony Powell, the state solicitor general, argued that transgender people don’t have to get a driver’s license if they don’t like the gender marker, sparking outrage from the ACLU. The lower court had issued a temporary injunction in favor of Kobach’s arguments, citing concerns about law enforcement confusion. The appeals court is considering whether to reverse the injunction.
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