photo by: Sherman Smith / Kansas Reflector

Adam Kellogg speaks during rally in support of transgender rights May 5, 2023, at the Statehouse in Topeka. Kellogg is one of the five transgender Kansans represented by the ACLU that sued to allow the state to change gender markers on IDs.

For the first time in nearly two years, transgender Kansans will once again be able to change the gender marker on their state-issued driver’s license.

A panel of three judges on the Kansas Court of Appeals reversed a previous decision by Shawnee County District Court Judge Teresa Watson that temporarily blocked the changes. Democratic Gov. Laura Kelly’s administration later agreed to stop changing IDs.

The unanimous ruling found that Republican Kansas Attorney General Kris Kobach had not satisfied the legal requirements to block the Kansas Department of Revenue from accepting gender marker changes without a full trial on the matter.

In 2023, Kobach sued Kelly’s administration to stop the state from allowing transgender people from changing the gender marker on their drivers licenses.

Kobach argued that allowing gender marker changes violated the newly enacted “Women’s Bill of Rights” that defines a man and woman as their sex assigned at birth.

Kobach also said gender changes on government IDs would interfere with law enforcement’s ability to identify criminal suspects.

The American Civil Liberties Union of Kansas called the ruling a victory for transgender Kansans. The legal organization had intervened in the case on behalf of five transgender Kansans, arguing Kobach’s lawsuit and the court’s injunction violated their constitutional rights.

D.C. Hiegert, a Civil Liberties Legal Fellow for the ACLU of Kansas, said in a statement that the ruling shows Kobach’s lawsuit failed to prove changing gender markers on IDs causes any harm.

“Being required to use a license with the wrong gender marker has already meant that transgender Kansans have been outed against their consent in their daily lives,” Hiegert said.

“We commend the incredible courage and sense of community our clients have had in standing up to this attack on all of our fundamental rights.”

Kobach’s office did not immediately respond to requests for comment. His office has 30 days to appeal the ruling.