Kansas v. Harper

Location: Kansas
Court Type: Kansas Supreme Court
Status: Ongoing
Last Update: October 24, 2025

What's at Stake

Five transgender Kansans are challenging an effort by Kansas Attorney General Kobach to require the state to issue driver’s licenses with a gender marker that reveals their sex assigned at birth. The Attorney General is asking a state court to apply a new state law that defines “sex” to functionally erase the existence of transgender people under the law.

Summary

Citing a 2023 law passed by the Kansas state legislature over a veto by Kansas Governor Laura Kelly, Attorney General Kobach in 2023 against the government agency that issues driver’s licenses. The suit asked the court to prohibit transgender people from changing the gender markers on their driver’s licenses to reflect their gender identity, and to require the state agency to list the sex assigned at birth on all new and renewed licenses. Shortly thereafter, the ACLU of Kansas, the ACLU, and Stinson LLP successfully intervened in the case on behalf of transgender Kansans threatened by the Attorney General’s lawsuit.

, the law being used by Attorney General Kobach, rigidly defines one’s “sex” based upon the sex assigned at birth and defines “male” and “female” based on one’s reproductive capacity. The new definition applies “with respect to the application of an individual’s biological sex pursuant to any state law, rules or regulations.”

Courts have routinely rejected efforts by states to force transgender people to carry identity documents with a gender marker that is inconsistent with their gender identity. The intervenors in this case argue that SB 180’s plain terms preclude its application to driver’s licenses and that, to the extent the law is ambiguous, Kansas courts should interpret it to avoid violating the state constitutional rights of transgender people.

Following an evidentiary hearing in 2024, the district court granted the Attorney General’s motion for a preliminary injunction, and our clients and the licensing agency appealed. On June 13, 2025, the Kansas Court of Appeals reversed, holding that Attorney General Kobach was unlikely to prevail on his view that SB 180 requires all new and renewed driver’s licenses to list the driver’s sex assigned at birth. After the Kansas Supreme Court denied further review, the wrongfully issued injunction was dissolved, and Kansans could once again obtain driver’s licenses in accordance with their gender identities. The case currently remains pending in a district court, where the parties have cross-moved for summary judgment.

In January 2026, the district court sanctioned Attorney General Kobach and his attorney for filing a motion in those proceedings that they knew, or should have known, the district court lacked jurisdiction to consider.

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