‘Constitutes irreparable harm to the state’: Kobach, Smith argue over transgender driver’s license court order

12 July 2023

TOPEKA, Kan. (KSNT) – A Shawnee County District Court Judge held a hearing Wednesday to consider rescinding an order to stop changes being made to transgender people’s sex listing on their driver’s licenses, made possible through a bill passed earlier this year in the state legislature.

Shawnee County District Court Judge Teresa Watson held the hearing at 11 a.m. on Wednesday, July 12, to consider rescinding her earlier court order. In attendance for the hearing was Attorney General Kris Kobach, Kansas Department of Revenue (KDOR) attorney Ted Smith, former Kansas Court of Appeals Judge Anthony Powell and Deputy Solicitor General Dwight Carswell.

Smith, who has argued in the past that the new law conflicts with another law governing what appears on driver’s licenses, said during the hearing that the new law doesn’t cover driver’s licenses.

“Senate Bill 180 does not deal with driver’s licenses,” Smith said. “Nowhere in that one page bill does it reference driver’s licenses.”


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Kobach argued that driver’s licenses altered for transgender individuals causes injury to law enforcement as such licenses are not easily recoverable, make identification of suspects more challenging, interfere with warrants issued and organ transplants. He went on to say that he wants the “status quo” to be preserved in Kansas and that it can be accomplished through enforcement of the new law.

“We believe that the violation of the statute, constitutes irreparable harm to the state,” Kobach said.

At the conclusion of the meeting, Watson said she would consider what was brought to her attention Wednesday and release a decision later in the day.

This comes after the Kansas Department of Health and Environment (KDHE), the KDOR, and Governor Laura Kelly said they would not be changing their policies for gender markers on birth certificates or driver’s licenses in June. Kobach said he would sue over this, prompting a response from Kelly.


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The Kansas Legislature passed Senate Bill 180, also known as the Women’s Bill of Rights, on April 4, 2023. The bill defines words like “woman,” “man,” “mother” and “father” based on biological sex. Despite being vetoed by Kelly, the bill would become law on July 1 after majorities in the Kansas House and Senate approved of the bill. Activists condemned the bill as a step back for transgender rights while supporters voiced their approval of it.

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