Kansas v. Harper
What's at Stake
Five transgender Kansans are challenging an effort by Kansas Attorney General Kobach to require the state to issue driver鈥檚 licenses with a gender marker that reveals their sex assigned at birth. The Attorney General is asking a state court to apply a new state law that defines 鈥渟ex鈥 to functionally erase the existence of transgender people under the law.
Summary
Citing a 2023 law passed by the Kansas state legislature over a veto by Kansas Governor Laura Kelly attempting to limit the rights of transgender people, Attorney General Kobach filed on July 7, 2023 against the government agency that issues driver鈥檚 licenses, asking the court to prohibit transgender people from changing their gender markers on their driver鈥檚 licenses, and to require the state agency to list sex assigned at birth on all license renewals and new licenses issued. Judge Teresa Watson , which has blocked the Kelly administration from allowing gender marking changes while the case goes forward.
Shortly thereafter, the 老澳门开奖结果 of Kansas, the 老澳门开奖结果, and Stinson LLP successfully intervened in the case on behalf of five transgender Kansans threatened under the Attorney General鈥檚 lawsuit. Following a hearing on January 10-11, 2024, the District Court granted the Attorney General鈥檚 motion for preliminary relief, and the case is now on appeal to the Kansas Court of Appeals.
, the law being used by Attorney General Kobach, rigidly defines one鈥檚 鈥渟ex鈥 based upon the gender assigned at birth and defines 鈥渕ale鈥 and 鈥渇emale鈥 based on one's reproductive capacity. The new definition applies 鈥渨ith respect to the application of an individual鈥檚 biological sex pursuant to any state law, rules or regulations.鈥
Courts have routinely rejected efforts by states to force transgender people to carry identity documents with a gender marker inconsistent with their gender identity as a denial of equal protection of the laws, and a violation of the right to privacy and the prohibition on government-compelled speech. The intervenors in this case argue that the law should not be interpreted to violate their state constitutional rights and the rights of all transgender Kansans to not be forced to disclose their transgender status every time they have to show their driver鈥檚 license.
The district denied the motion for a temporary injunction, holding that the challenged law clearly applies to driver鈥檚 licenses, and even if any ambiguity existed, the application of the law to licenses would not violate to constitutional rights of transgender Kansans. Our intervenor clients appealed from that decision, as did the licensing agency. Briefing in the Kansas Court of Appeals is ongoing, and we SSCI recently replied to the Attorney General's brief. Meanwhile, the parties have cross-moved for summary judgment in the district court.
Legal Documents
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09/11/2024
Reply Brief of Intervenor-Appellants -
08/28/2024
Brief of Petitioner-Appellee (Attorney General Brief) -
04/25/2024
Brief of Intervenor-Appellants
Date Filed: 09/11/2024
Court: Kansas State Court of Appeals
Affiliate: Kansas
Date Filed: 08/28/2024
Court: Kansas State Court of Appeals
Affiliate: Kansas
Date Filed: 04/25/2024
Court: Kansas State Court of Appeals
Affiliate: Kansas
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04/16/2024
Intervenor-Respondents' Motion for Summary Judgment -
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06/13/2024
Intervenor-Respondents' Reply in Support of Cross-Motion for Summary Judgment
Kansas v. HarperLegal DocumentsIntervenor-Respondents' Reply in Support of Cross-Motion for Summary JudgmentDate Filed: 06/13/2024
Court: Kansas State District Court
Affiliate: Kansas
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06/13/2024
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03/25/2024
Petitioner's Motion for Summary Judgment -
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04/15/2024
Respondents' Response in Opposition to Petitioner's Motion for Summary Judgment -
04/16/2024
Intervenor-Respondents' Response in Opposition to Petitioner's Motion for Summary Judgment -
05/09/2024
Petitioner's Reply to Respondents' Opposition to Petitioner's Motion for Summary Judgment -
05/09/2024
Petitioner's Reply to Intervenor-Respondents' Response to Petitioner's Motion for Summary Judgment
Kansas v. HarperLegal DocumentsRespondents' Response in Opposition to Petitioner's Motion for Summary JudgmentDate Filed: 04/15/2024
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsIntervenor-Respondents' Response in Opposition to Petitioner's Motion for Summary JudgmentDate Filed: 04/16/2024
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsPetitioner's Reply to Respondents' Opposition to Petitioner's Motion for Summary JudgmentDate Filed: 05/09/2024
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsPetitioner's Reply to Intervenor-Respondents' Response to Petitioner's Motion for Summary JudgmentDate Filed: 05/09/2024
Court: Kansas State District Court
Affiliate: Kansas
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04/15/2024
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03/11/2024
Order Granting Petitioner's Motion for Temporary Injunction -
07/11/2023
Motion to Intervene -
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07/11/2023
Memorandum in Support of Motion to Intervene -
07/25/2023
Petitioner's Memorandum in Opposition to Motion to Intervene
Kansas v. HarperLegal DocumentsMemorandum in Support of Motion to InterveneDate Filed: 07/11/2023
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsPetitioner's Memorandum in Opposition to Motion to InterveneDate Filed: 07/25/2023
Court: Kansas State District Court
Affiliate: Kansas
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07/11/2023
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07/10/2023
Respondents' Motion to Dissolve Temporary Restraining Order -
07/10/2023
Order Granting Petitioner's Motion for Temporary Restraining Order -
07/07/2023
Petitioner's Motion for Temporary Restraining Order and Temporary Injunction -
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07/07/2023
Affidavit of Kris W. Kobach in Support of Petitioner's Motion for Temporary Restraining Order and Temporary Injunction -
11/20/2023
Intervenor-Respondents' Opposition to Petitioner's Motion for Temporary Injunction -
11/20/2023
Respondents' Opposition to Petitioner's Motion for Temporary Injunction -
12/20/2023
Petitioner's Reply to Intervenor-Respondents' Opposition to Petitioner's Motion for Temporary Injunction -
12/20/2023
Petitioner's Reply to Respondents' Opposition to Petitioner's Motion for Temporary Injunction
Kansas v. HarperLegal DocumentsAffidavit of Kris W. Kobach in Support of Petitioner's Motion for Temporary Restraining Order and Temporary InjunctionDate Filed: 07/07/2023
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsIntervenor-Respondents' Opposition to Petitioner's Motion for Temporary InjunctionDate Filed: 11/20/2023
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsRespondents' Opposition to Petitioner's Motion for Temporary InjunctionDate Filed: 11/20/2023
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsPetitioner's Reply to Intervenor-Respondents' Opposition to Petitioner's Motion for Temporary InjunctionDate Filed: 12/20/2023
Court: Kansas State District Court
Affiliate: Kansas
Kansas v. HarperLegal DocumentsPetitioner's Reply to Respondents' Opposition to Petitioner's Motion for Temporary InjunctionDate Filed: 12/20/2023
Court: Kansas State District Court
Affiliate: Kansas
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07/07/2023
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07/07/2023
Petitioner's Petition for Mandamus and Injunctive Relief
Date Filed: 04/16/2024
Court: Kansas State District Court
Affiliate: Kansas
Date Filed: 03/25/2024
Court: Kansas State District Court
Affiliate: Kansas
Date Filed: 03/11/2024
Court: Kansas State District Court
Affiliate: Kansas
Date Filed: 07/11/2023
Court: Kansas State District Court
Affiliate: Kansas
Date Filed: 07/10/2023
Court: Kansas State District Court
Affiliate: Kansas
Date Filed: 07/10/2023
Court: Kansas State District Court
Affiliate: Kansas
Date Filed: 07/07/2023
Court: Kansas State District Court
Affiliate: Kansas
Date Filed: 07/07/2023
Court: Kansas State District Court
Affiliate: Kansas