As widely expected, and widely demonstrated by Republican lawmakers in red states, anti-trans policies to "protect children" are now anti-trans policies directly targeting trans adults.
A Kansas judge has ordered Gov. Laura Kelly's administration to stop changing gender markers on driver's licenses for transgender people.
Shawnee County District Court Judge Teresa Watson issued the temporary restraining order on Monday at the request of Attorney General Kris Kobach, who is suing two officials at the Kansas Department of Revenue over the practice.
The lawsuit is an attempt from Kobach, a Republican, to force the agency under Kelly, a Democrat, to follow new state law from Senate Bill 180.
The law went into effect July 1 with a strict biological definition of sex. The attorney general and governor have disputed whether or not the law bans the current practice of changing gender markers on both driver's licenses and birth certificates.
"The Attorney General points out that driver's licenses are issued for a period of six years and are difficult to take back or out of circulation once issued," Watson wrote. "Licenses are used by law enforcement to identify criminal suspects, crime victims, wanted persons, missing persons, and others. Compliance with stated legal requirements for identifying license holders is a public safety concern.
Taryn Jones, vice chair and lobbyist for the LGBTQ+ rights group Equality Kansas, acknowledged the concern that allowing the state to keep making changes would make it more difficult for law enforcement, but asked, “How many criminals are you having that are trans?” She said trans people will still be able to change their names to align with their gender identities.
Jones also said potential problems for law enforcement should be weighed against the harm to the mental health and safety of transgender people who don’t have licenses that match their gender identities.
“You know, it’s hard enough being trans right now in America, especially in a conservative place like Kansas,” she said.
"Allowing Respondents to issue non-compliant driver's licenses pending a court hearing is an immediate and irreparable injury that supports the grant of a temporary restraining order on the terms requested by the Attorney General."
The order is in effect for 14 days, but may be modified, vacated or extended by the court.
Under Kansas law, a court is allowed to issue a temporary restraining order without providing prior notice to the other party if the facts "clearly show that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition."
First of all, it's our old fascist friend Kris Kobach, who I have covered extensively on ZVTS over the last decade plus years, so you know this is some fascist bullshit of the nth degree.
But second, did you catch that? The legal argument is that the state acknowledging trans people existing in official identification is a public safety concern preventing law enforcement from doing their jobs.
The state recognizing trans folks existing is a public safety concern that has to be stopped. That's where we are, and if you define a group out of existence, the state can simply eliminate members of that group.
Do you see where the GOP is going on this? Germans did this 90 years ago, folks.
It will end badly.
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