In April, the Kansas legislature overrode Governor Kelly's veto of Senate Bill 180 which defines "sex" as biological sex for purposes of various state laws, rules and regulations. Yesterday, Kansas Attorney General Kris Kobach issued Attorney General Opinion 2023-2 (full text) which interprets the new law as requiring birth certificates that have previously been modified to now be changed back to reflect the individual's sex assigned at birth. Similarly, driver's license records that have been modified must be changed back and future licenses must be issued on the basis of biological sex. However, the individual may present themselves as the opposite sex in their driver's license photo. The Attorney General also concluded that the new law does not apply to housing decisions by state correctional facilities since those decisions are not mandated by state rules or regulations.
