Lawrence, Kan. — A Kansas district court judge declined to temporarily block enforcement of a new state law that invalidates updated driver’s licenses and birth certificates for transgender people and restricts restroom access in government buildings, allowing the measure to remain in effect while litigation proceeds.
The decision came in Doe v. State of Kansas, a lawsuit filed in the District Court of Douglas County by the American Civil Liberties Union, the ACLU of Kansas, and the law firm Ballard Spahr LLP on behalf of two anonymous plaintiffs identified as Daniel Doe and Matthew Moe.
The plaintiffs sought emergency relief from the court, arguing the law was already causing sweeping and immediate harm to transgender residents across the state. The court declined to issue the temporary restraining order, allowing the law to remain in effect while litigation continues.
SB 244 was passed by the Kansas Legislature earlier this year over a veto by Gov. Laura Kelly. The law prohibits transgender individuals from using restrooms in government buildings that align with their gender identity rather than the sex listed at birth.
In addition to restroom restrictions, the law establishes a private enforcement mechanism allowing individuals to file a lawsuit against anyone they suspect of violating the SB 244 policy. The statute allows plaintiffs to seek damages of up to $1,000.
Under SB 244, Kansas driver’s licenses that previously reflected an updated gender marker for transgender residents are considered invalid. According to notices sent by the Kansas Department of Revenue’s Division of Vehicles, individuals with those license updates were informed their identification would “no longer be valid” effective immediately.
Civil rights advocates argue the changes could disrupt daily life for transgender individuals by affecting their ability to travel, seek employment, or access services that require valid identification.
“This is a devastating, but hopefully temporary, setback for our clients and transgender people across the state of Kansas,” said Harper Seldin, senior staff attorney with the ACLU’s LGBTQ & HIV Rights Project.
Seldin said the organization intends to continue pursuing legal challenges to SB 244 and plans to argue at a future temporary injunction hearing that the law violates multiple protections under the Kansas Constitution.
According to the ACLU, the plaintiffs contend the statute infringes on the right to personal autonomy, privacy, equality under the law, due process, and freedom of speech.
The complaint also challenges provisions that prohibit transgender residents born in Kansas from updating the gender marker on state-issued birth certificates. The law similarly blocks future changes to gender markers on Kansas driver’s licenses.
Civil rights advocates argue the restrictions place transgender individuals in situations where routine activities such as using public facilities or presenting identification could expose them to legal risk or harassment.
Supporters of SB 244, however, have argued the law is intended to enforce sex-based distinctions in government facilities and official records.
The dispute reflects a broader national debate over state policies regulating transgender rights. Several states in recent years have adopted laws governing restroom access, identifying documents, and participation in public life based on sex at birth.
Kansas officials began implementing SB 244 shortly after it took effect, prompting the plaintiffs in Doe v. State of Kansas to seek immediate intervention in court.
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