A temporary order prohibiting Kansans from changing their driver’s licenses to recognize their gender identification was argued by the American Civil Liberties Union in a court filing on Monday.
In a 60-page document delivered to the Shawnee County District Court, Sharon Brett, the legal director of ACLU of Kansas, argued that Attorney General Kris Kobach’s erroneous interpretation of the new state law as it related to drivers ‘ licenses could violate Kansas Constitution-protected rights.
When Kobach filed a complaint against the Kansas Department of Income to stop the agency from accepting gender identity shifts on driver’s licenses, he consulted his examination of Senate Bill 180.
The Women’s Bill of Rights, also known as Senate Bill 180, was a nebulous piece of legislation that the ACLU intervened in the debate over.
Brett remarked,” The alleged issue is one of the petitioner’s imagination.” The plaintiff’s requested pleasure should still be denied because it would offend intervenor- respondents ‘ rights to private autonomy, privacy, and equal protection under the Kansas Constitution, even if SB 180 may be interpreted to demand the denial of drivers ‘ licenses with appropriate gender markers to trans Kansans, which it does not.
She stated that during the remaining stages of this litigation,” the equilibrium of hardships, the common interest, and irreparable damage tips overwhelmingly in favor of resuming KDOR’s sex indicator policy.”
Kobach sued representatives of the Democratic governor’s leadership in July. Theodora Kelly. The goal of the movement was to prevent trans people from changing the female designations on driver’s licenses. Kelly, according to Kobach, had no choice but to adhere to legislatively-enacted rules. The government affirmed her obligation to abide by the law, but she disagreed with the attorney general’s assessment of the impact of driving laws on license information.
She lacks the authority that English monarchs asserted prior to the” Glorious Revolution” of 1688, namely the ability to halt the application of laws, according to Kobach.
Kobach fully sued David Harper, the company’s director of cars, and state income director Mark Burghart. A temporary restraining order prohibiting the state Department of Revenue from making additional female modifications to pilot’s licenses was obtained by the attorney general from District Court Judge Teresa Watson.
Instead of assigning a person male or female sex at birth, the revenue office stopped issuing licenses with gender markers related to gender identity.
Kobach then requested a temporary injunction as the next step, but the motion was postponed several months ago to give the attorney general’s office more time to get ready for an oral debate with the ACLU.
He asserted that the Department of Income should adhere to the “plain interpretation of a rules” passed by the Legislature. He added that he was looking forward to refuting the ACLU’s “novel theories” regarding the intersection of drivers ‘ licenses and constitutional rights in Kansas.
Trans people have a female identity that is distinct from the sex that was given to them at birth. A person’s important, inner sense of belonging to a specific gender was referred to as their gender identity. However, a sex symbol, whether it be male or female, that was listed on the baby certificate at the time of the child’s birth was almost always determined by the health care professional taking into account the external genitalia.
The sexual assigned at birth matched the gender identity of transgender people. The gender identity of trans people was not matched by the sexual assigned at birth.
Brett stated in the ACLU’s most recent court filing that Kobach was unable to win his petition against the head of the Department of Revenue.
The revenue office should be given the go-ahead to begin issuing licenses to trans Kansans aligned with the sex” they live because, are perceived as and know themselves to be,” according to ACLU attorneys who represent five of them in the complaint.
The policies of KDOR regarding the release of pilot’s licenses to transgender Kansas residents have been effective for more than ten years without any indication of issues or injury. Contrarily, interfering with KDOR’s policies may result in a variety of harms, according to Brett.
Kobach’s proposed initial injunction will likely be heard by the district court judge in January.
