Kansas Appeals Court Allows Gender Marker Changes on Driver’s Licenses
TOPEKA — The Kansas Court of Appeals has ruled that transgender individuals can once again change their gender markers on driver’s licenses, overturning a lower court’s injunction. The unanimous decision, issued by Judges Karen Arnold-Burger, Stephen Hill, and Sarah Warner, found that Shawnee County District Judge Teresa Watson had abused her discretion and made legal errors in her ruling.
The court emphasized that allowing changes based on personal identity does not harm the state, countering arguments from Attorney General Kris Kobach, who claimed that recognizing gender identity could hinder law enforcement. The panel criticized Kobach’s lack of evidence and described the claims as mere speculation.
This ruling comes after a 2023 law was enacted requiring the State to recognize biological sex at birth, leading to a lawsuit by Kobach against the Kansas Department of Revenue (KDOR) over its policy allowing gender marker changes since 2007. The appeals court mandated that the case be sent back to a new judge, lifting a two-year hold on gender designation updates on driver’s licenses. Arnold-Burger noted that the lower court’s findings were unsupported and acknowledged the well-established distinction between "sex" and "gender" in Kansas law since 2002.
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