Kansas invalidates IDs and birth certificates of transgender people

The Kansas state government has invalidated the driver’s licenses and birth certificates of more than a thousand transgender people who changed the gender or sex markers on those documents.

The move was mandated by Senate Bill 244, a new anti-transgender law that was to take effect Feb. 26.

The Republican supermajorities in the Kansas Legislature overrode the veto of Democratic Gov. Laura Kelly to enact the law, and now Kelly’s administration has to comply with the law.

The anti-transgender law is facing a court challenge led by the American Civil Liberties Union.

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, the ACLU of Kansas legal director, in a statement. ”It undermines our state’s strong constitutional protections against government overreach and persecution.”

The lawsuit was filed in Douglas County District Court on behalf of two anonymous plaintiffs. The lawyers on the case are from the ACLU and Ballard Spahr LLP. They argue “that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.”

What happens to driver’s licenses under the law?

Under the law, the Kansas Department of Revenue’s Division of Vehicles must discontinue its practice of allowing gender marker changes for transgender people.

Gender marker changes had been allowed for 16 years before they were halted in summer 2023 amid litigation over the meaning of Senate Bill 180. The courts allowed such changes to resume in fall 2025 as the litigation continued. Attorney General Kris Kobach and the Legislature responded with SB 244.

But the new law doesn’t just ban gender marker changes going forward. It also requires the Revenue Department to revert changes that were made in the past.

The law declares that any driver’s license or other state-issued identification card where the gender marker does not match the sex assigned at birth is now invalid.

It also requires the director of vehicles to “correct any driver’s license records” where the gender marker doesn’t match biological sex and “send written notice” to affected individuals notifying them that their “license is invalid and to surrender such license.” When the license is surrendered, the state must issue a new driver’s license “with the correct gender identification” — and the individual will be expected to pay for it.

“The Department is working as quickly as possible to notify individuals whose credentials will be affected under SB 244, ensuring they have sufficient time to update their credentials and avoid any disruption,” KDOR spokesperson Zach Denney told The Capital-Journal on Feb. 25. “Letters are being sent to those impacted, and they should begin receiving them soon.”

Letters are expected to be sent to roughly 1,500 people with Kansas IDs, but Denney said, “That number could be lower as we continue to look through and refine our records.”

“If you have received this notice, our records indicate that, upon publication of this law in the Kansas Register on Thursday, February 26, 2026, your current Kansas credential will no longer be valid,” the letter states.

“Additionally, please note that the Legislature did not include a grace period for updating credentials. This means that once the law is officially enacted, your current credential will be invalid immediately, and you may be subject to additional penalties if you are operating a vehicle without a valid credential.”

The letter directs transgender people to surrender their current credential, at which time they will be issued a new one. The letter also advises of a legal right to appeal, but, “Please be advised that the filing of an appeal will not preserve the validity of your current credential and associated driving authority.”

What happens to birth certificates under the law?

The law similarly applies to birth certificates issued by the Kansas Department of Health and Environment’s Office of Vital Statistics.

The law declares any birth certificate where the listed sex does not match the sex assigned at birth is now invalid. The state registrar must “correct any birth certificate records” that conflict with the law.

Jill Bronaugh, a KDHE spokesperson, said SB 244 directs the agency to “invalidate and reissue birth certificates that were amended due to sex identification.”

“The reissued birth certificates will revert to individuals’ sex at birth,” Bronaugh told The Capital-Journal on Feb. 24. “KDHE estimates that there are over 1,800 birth certificates in our electronic system that have had changes made to the sex field.

“However, reasons for the changes to the sex field can range from correcting data entry errors to recognition of gender changes. KDHE’s system doesn’t currently track the cause of a change to the sex field — just that there was a change. Each record will have to be manually reviewed to ascertain the cause of the change. An individual must request their birth certificate be reissued from OVS, as we are unable to notify individuals if their birth certificate has been amended under SB 244.”

Jason Alatidd is a Statehouse reporter for The Topeka Capital-Journal. He can be reached by email at [email protected]. Follow him on X @Jason_Alatidd.

This article originally appeared in the Topeka Capital-Journal