On Feb.18, the Kansas legislature overrode Governor Laura Kelly's veto of SB 244 which requires the use of biological sex at birth to define usage of rest rooms and locker rooms in public buildings, and the use of biological sex on birth certificates and driver's licenses. It calls for correction of previously issued birth certificates and reissuance of previously issued driver's licenses.
Last week, suit was filed in a Kansas state trial court challenging the constitutionality of SB 244 under various provision of the Kansas state Constitution. The complaint (full text) in Doe v. State of Kansas ex rel. Kobach, (KS Dist. Ct., filed 2/26/2026) alleges in part:
2. The Act targets transgender Kansans across multiple, unrelated domains of their lives. This sweeping law restricts transgender individuals from obtaining driver’s licenses reflecting their gender identity and bans transgender people from accessing restrooms or other single-sex spaces in a range of public places including libraries, courthouses, state parks, hospitals, and interstate rest stops. SB 244’s restrictions extend beyond just government buildings, applying also to buildings owned by or leased from the government, even if they are controlled by private entities. By targeting transgender Kansans, the Act violates the Kansas Constitution’s guarantees of personal autonomy, privacy, equality under the law, due process, and free expression. It also violates the Kansas Constitution’s single-subject and clear title requirements.
3. SB 244 is just the most recent law in a shameful litany of statutes enacted by the Kansas Legislature meant to discriminate against and dehumanize transgender people.
ACLU issued a press release announcing the filing of the lawsuit.
