Court decision will allow transgender Kansans to change gender markers on their driver’s licenses

Thanks to a Kansas Supreme Court decision this week, transgender Kansans will soon be able to change the gender markers on their driver’s licenses.

In July, Attorney General Kris Kobach appealed a decision from the Kansas Court of Appeals that allowed folks to change the gender markers on their licenses and state-issued IDs.

The state Supreme Court denied his appeal, meaning the Court of Appeals decision will take effect Monday, Oct. 6, and the Kansas Department of Revenue can legally resume making gender marker changes on driver’s licenses.

The decision does not apply to the ban on changing gender markers on birth certificates, which remains in effect. That ban is part of the Kansas Department of Health and Environment policy pushed forward by Kobach. The lawsuit at the center of the court’s latest decision was against representatives of the KDOR.

The case for gender marker changes

The ability to now change gender markers on driver’s licenses comes largely from the ACLU of Kansas’ intervention.

In 2023, the Kansas Legislature passed SB 180, which purported to define genders such as “man” and “woman” under state law based on outdated and scientifically inaccurate definitions of sex. Sex refers to a person’s reproductive organs, while gender refers to identity and presentation. Even then, more than two biological sexes exist.

The same year, Kobach sued the Kansas Department of Revenue, which oversees the Kansas Department of Motor Vehicles, for allowing residents to update the gender markers on their state driver’s licenses. The AG argued that a ban was a valid interpretation of SB 180, and the Shawnee County District Court granted it. As a result, sex assigned at birth was listed on new and renewed licenses.

The ACLU of Kansas then intervened in the Kansas v. Harper lawsuit, representing five trans Kansans challenging the prohibition. After a complicated fight to lift the ban, they were successful in June. Kobach’s appeal of the decision to lift the ban was denied this week in a one-page form denial from the Kansas Supreme Court.

Privacy and safety for trans people

“We know that accurate gender markers are a matter of safety and well-being for transgender Kansans,” Julie Murray, co-director of the ACLU’s state Supreme Court Initiative, said in a news release from the organization.

“The Kansas Supreme Court’s decision this week will finally bring an end to nearly two years of government intrusion on trans Kansans’ privacy and put a stop to the attorney general’s efforts to forcibly out people in their daily lives.”

For Isaac Johnson, the politics and public relations chair of Trans Lawrence Coalition, the decision protects the queer community while avoiding greater bureaucratic confusion.

Johnson is a trans man. All of his federal paperwork has male gender markers, but his state ID was reverted to female thanks to Kobach. He illustrated a situation where a trans man, who is socially perceived as male, presents an ID to a TSA agent that says “female.” The ensuing situation can be distressing to the trans person and lead to an increased administrative load for the TSA agent.

Trans people are not a monolith, and there are a wide variety of gender presentations just among trans men. However, this demonstrates how routine events like plane trips, doctor’s visits and job applications, which may be simple for a cisgender person, can become doubly complicated for a trans person. Johnson has had to proactively call employers, hospitals, banks and the government to explain the discrepancies and avoid accusations of fraud.

“And the irony is people like Kris Kobach argue that banning gender markers makes everything more efficient, it makes everything safer, because we can very quickly identify people’s sex,” he said. “It’s like, actually, it doesn’t. Now everyone’s just more confused as to why my sex marker isn’t saying male when I’m clearly read as male by everyone.”

The recent decision could prompt a federal response, but Johnson, who frequently researches and disseminates information on trans issues for the community, thinks it’s unlikely.

When and how can you change your marker?

“Everything’s been kind of doom and gloom enough as it is, especially for trans people,” Johnson said. “So obviously this is like a good, nice bright spot in the unending horrors, if you will … So just enjoy it. Enjoy it, everyone. Have fun. Make changes to your markers. This is an exciting time. Go for it.”

Although the decision takes effect on Oct. 6, KDOR’s website has not yet been updated.

It’s unclear what requirements will be in place for a marker change on a driver’s license, but information about how it worked prior to the injunction can be found at this link.

When Johnson changed his gender marker prior to 2023, he said he brought more than he needed to the DMV, including letters from his therapist and endocrinologist. He speculated that a similar procedure might be in place going forward, where folks won’t have to undergo extensive questioning.

Look for announcements on KDOR’s website here. The DMV recommends setting appointments online for quicker service.

Find a list of some national and local resources for trans and queer people here.

Many of Kansas’ Republican legislators are attempting to set a special session to handle “both issues” of gerrymandering U.S. Rep. Sharice Davids out of office and changing the law to “prevent a flood of individuals seeking to change their driver’s licenses,” Kansas Reflector reported.

Wulfe Wulfemeyer (they/them), reporter and news editor, has worked with The Lawrence Times since May 2025. They can be reached at wulfe@lawrencekstimes.com.

Read their complete bio here. Read their work for the Times here.

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