Kansas State Court Denies Temporary Restraining Order Against State Law Invalidating IDs and Restricting Bathroom Access for Transgender People
Lawrence, K.S. - A judge for the District Court of Douglas County for a temporary restraining order blocking enforcement of SB 244, a Kansas state law that immediately invalidated the driver鈥檚 licenses of transgender people across the state and which authorizes anyone to sue anybody they suspect of being transgender for using the 鈥渨rong鈥 restroom in government buildings.
鈥淭his is a devastating, but hopefully temporary, setback for our clients and transgender people across the state of Kansas,鈥 said Harper Seldin, Senior Staff Attorney for the ACLU鈥檚 LGBTQ & HIV Rights Project. 鈥淭he harm of this law has already had sweeping impacts on the lives of transgender people like our clients, threatening their ability to hold a job, go to school, or go about their daily lives. We all deserve the freedom to be ourselves without politicians interfering in our lives, and we will keep fighting SB 244 until it is erased from state law entirely. We look forward to demonstrating at a temporary injunction hearing that this law is unconstitutional and deeply harmful and should be enjoined.鈥
SB 244, passed into law by the state legislature over Governor Laura Kelly鈥檚 veto, prohibits transgender people from using public restrooms that align with their gender identity on government property. It also establishes a private right of action that allows anyone who suspects someone is transgender and in violation of the law to sue that person for 鈥渄amages鈥 totaling $1,000.
The law also invalidates Kansas-issued driver鈥檚 licenses with updated gender markers that reflect the carrier鈥檚 gender identity. Last week, transgender people across the state received letters from the state Department of Revenue鈥檚 Division of Vehicles informing them that their driver鈥檚 licenses 鈥渨ill no longer be valid,鈥 effective immediately. The law also prohibits transgender Kansans 鈥 or those born in Kansas - from updating the gender marker on state-issued birth certificates and driver鈥檚 licenses in the future.
Doe v. State of Kansas was filed in the District Court of Douglas County on behalf of anonymous Plaintiffs Daniel Doe and Matthew Moe by the 桃子视频, the 桃子视频of Kansas, and Ballard Spahr LLP. The lawsuit charges that SB 244 violates the Kansas Constitution鈥檚 protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
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