Suppose the conservative Republican attorney general of Kansas is successful in a legal action he initiated late Friday, June 23. In that case, transgender people born in the state might be banned from amending their birth certificates to match their gender identification.
The Appeal to Nullify the 2019 Deal
The state of Kansas was ordered by a federal judge to begin allowing trans people to modify their birth certificates. But Kansas Attorney General Kris Kobach has filed a petition asking the judge to revoke this mandate, as reported by AP News.
This mandate was part of a 2019 agreement between four transgender Kansans and three officials in the state's health department. It was issued by US District Judge Daniel Crabtree.
The lawsuit challenged a provision that, according to its detractors, made it impossible for trans persons to legally change their names and receive new identification documents such as driver's licenses and Social Security cards.
Black transgender activist and plaintiff in that litigation Luc Bensimon said on Saturday, June 24, that he had been bombarded with calls and emails from individuals attempting to alter their birth certificates. Apparently, they are worried they will not be able to do so.
"We didn't go through that case just to have him try and change it now... I have the energy to go back and deal with it again if we have to," Bensimon told AP News.
The American Civil Liberties Union of Kansas and the LGBTQ+ rights legal firm Lambda Legal have also spoken out against Kobach's decision. Omar Gonzalez-Pagan of Lamda Legal criticized it as "unnecessary and cruel."
See Also : Kansas Republicans Override Gov. Laura Kelly's Veto To Pass Sweeping Anti-Trans Bathroom Bill
Based on Kansas' New, Comprehensive Legislation
Kobach's action seems to be in line with a new, comprehensive Kansas legislation that pulls back transgender rights, taking effect on July 1 against the veto of Democratic Governor Laura Kelly. Kobach filed a legal letter with his request to reconsider the 2019 settlement, citing the law as the reason behind it.
It was contended in the letter that the state health department, which is responsible for issuing birth certificates, must implement the new state legislation since Judge Crabtree's decision made it difficult to do otherwise.
In 2019, Crabtree issued an order that nullified a provision of former Republican governor Sam Brownback's administration that was among the strictest in the US regarding alterations to a person's birth certificate.
The July 1 Kansas legislation bans transgender persons from accessing toilets, locker rooms, and other single-gender facilities. Nine states have similar statutes, largely for public schools. Despite having no enforcement measures, Kobach claims the new Kansas law blocks transgender persons from altering their driver's licenses.
On Monday afternoon, June 26, Kobach will hold a press conference at the Statehouse to address the public on this topic.
