Kansas bathroom bill faces legal challenges
Transgender Kansans are pursuing legal challenges in state court after Kansas Senate Bill (SB) 244 was passed by the Kansas legislature, leaving many residents uncertain about what comes next.
One of the laws under SB 244—often referred to as the “bathroom bill”—requires Kansans to use bathrooms and locker rooms in certain public facilities based on their sex assigned at birth. It also requires state-issued identification, including driver’s licenses, to reflect a person’s sex assigned at birth instead of their gender identity.
While the legal fight continues, some transgender Kansans say the uncertainty has already had a personal impact, with some making the decision to leave the state.
One former Kansas resident, who asked to remain anonymous and be identified only as “Karah,” said the political climate around transgender rights influenced her decision to leave the state.
Karah said she had lived in Kansas her entire life but no longer felt welcome.
“I have lived until today my entire life in the state of Kansas, but for my state making it clear to me that I’m unwanted there, it’s something no one should have to live with,” Karah said.
Karah said she had been planning to leave since 2023, when lawmakers debated earlier legislation referred to as the “Women’s Bill of Rights,” which attempted to limit changes to sex markers on state identification.
The current lawsuit challenging SB 244 was filed in Douglas County District Court by two transgender individuals from Lawrence, identified in court documents as Daniel Doe and Matthew Moe.
The plaintiffs are challenging a provision that invalidates driver’s licenses with gender markers that do not match a person’s sex assigned at birth. They argue the law would force them to change identification documents that reflect their current gender identity.
The lawsuit is backed by attorneys from the American Civil Liberties Union (ACLU).
Harper Seldin, a senior attorney with the ACLU, said concerns about restroom safety are often overstated.
“I don’t know how the mere presence of somebody, even if you disagree with how they live their life, offends anybody’s privacy or safety,” Seldin said.
SB 244 restricts which public restrooms transgender people can use in government buildings, libraries, public schools, universities and parks.
It also allows people to file lawsuits against someone they believe is using the wrong restrooms in those public spaces.
Some transgender Kansans say harassment is already a reality when navigating restroom access.
Jennie, a Manhattan resident, said harassment can occur when transgender people are forced to use facilities that do not match their gender identity.
“We were harassed during that middle zone while we were still using the men’s restroom. I have personally faced harassment, most being called names and slurs,” Jennie said.
The office of Kansas Attorney General Kris Kobach did not respond to KUJH requests for comment about this lawsuit.
However, Kobach agreed to extend the deadline for driver’s license changes until March 26.
Implementing SB 244 also carries financial implications. The governor’s office has noted potential costs tied to modifying existing buildings and public facilities to comply with the restroom requirements. At the same time, transgender residents say they may face additional costs to update state documentation.
Karah said those expenses can add up quickly.
“It’s ended up being very expensive for me. One thing I would suggest is trying to find ways to raise or gather or save money,” Karah said.
Last week, Douglas County District Court Judge James McCabria heard arguments on whether the law should be temporarily blocked while the lawsuit proceeds.
On Tuesday, McCabria denied that request. He ruled the plaintiffs had not demonstrated they would suffer immediate or irreparable harm if the law remained in effect during the legal process.
That decision means SB 244 will remain in place while the lawsuit moves forward.
The judge’s ruling does not end the case. The lawsuit challenging the constitutionality of the law will continue in Douglas County District Court.
A case management hearing is tentatively scheduled for March 18 at 9 a.m., where attorneys for both sides are expected to clarify the next steps in the legal process.
Watch the segment here:
