Prairie Village committee responds to AG’s move to block gender marker changes
28 June 2023
TOPEKA, Kan. (KSNT) — Nearly 1,000 people in Kansas have had their gender markers changed on driver’s licenses and birth certificates, according to state officials. However, those records could be updated to reflect their sex at birth, under the latest legal opinion from the state Attorney General Kris Kobach.
Democratic Governor Laura Kelly could decide to not direct state agencies to follow Kobach’s advice.
“If Kobach is successful … and it’s going to go through all the legal challenges … Kelly could be forced … they could force her to do it,” Political Analyst Bob Beatty told Kansas Capitol Bureau in an interview on Tuesday. “But, she’s not going to do it until she’s told by … possibly … the U.S. Supreme Court.”
Kobach also filed a motion late Friday night to request that the state no longer follow a federal court order that requires gender markers to be changed on birth certificates. He cited a new law going into effect July 1, SB 180, which defines biological sex in certain areas, like restrooms, prisons and locker rooms.
The pending legal battle has received backlash from transgender rights advocates.
Zach Fletcher, Deputy Communications Director for the Governor’s Office, told Kansas Capitol Bureau in a statement Monday they do not agree with Kobach’s legal opinion, and believes that the consent judgment on birth certificates was an appropriate resolution.
“While we have had discussions with the Attorney General’s Office regarding SB 180, we do not agree with their legal view and believe that the consent judgment was the appropriate resolution. We will have no further comment on the impending litigation.”
Zach Fletcher, Deputy Communications Director for the Kansas Governor’s Office
If state agencies are ordered to follow Kobach’s legal opinion and update state records, they may have to wade through hundreds of documents.
Kansas Capitol Bureau reached out to the Kansas Department of Revenue and the state health department to get information on how many records would need to be updated starting July 1.
According to Zach Denney, a spokesman for the Kansas Department of Revenue (KDOR), there have been “394 approved gender marker changes on driver’s licenses” since 2019. Denney said data prior to 2019 is unavailable.
Matt Lara, a spokesman for the Kansas Department of Health and Environment (KDHE), sent Kansas Capitol Bureau an official breakdown of birth certificates with amended gender markers amended. The date range is from June 24, 2019 — June 26, 2023. The total comes out to 912.
YearNumber of Changes20191332020105202116120221642023349Grand Total912Source: KDHE
This number is inclusive of all birth certificate’s gender marker amendments.
This could include amendments for:
Errors made by the provider at birth
Intersex infants who were originally registered as unknown and later updated their gender marker
Based on gender identity
KDHE cannot separate the numbers.”
Matt Lara, KDHE Director, Communications & Legislative Affairs
If Kobach and Kelly clash on what actions state agencies should take next, Beatty said a lawsuit could follow.
“It’s an opinion … it can have some weight in legal battles, but, in the end … a judge will decide, or a court will decide what they believe,” Beatty said. “They will not just go with Kris Kobach’s opinion.”