A Win for the Women’s Bill of Rights: Kansas Judges Rules Against Sex Marker Changes on ID
A Kansas judge ruled earlier this month that legal documents, including driver’s licenses, must contain a person’s real sex, overturning the governor’s “gender reclassification policy.” This is the first court challenge faced by WoLF’s Women Bill of Rights - and marks a major win for our model legislation!
The Women’s Bill of Rights - WoLF Model Legislation
Last year, Kansas became the first state to pass the Women’s Bill of Rights (WBOR) — groundbreaking model legislation co-authored by WoLF to protect women’s rights in law. The bill, SB 180, passed with bipartisan support, eventually overriding Governor Kelly’s veto. The bill was also co-authored by Independent Women’s Voice.
The WBOR defines sex in state laws based on biology, codifies “intermediate scrutiny” to ensure that women are treated fairly by courts interpreting sex discrimination laws, and protects the ability to collect data on sex. Correct statistics are essential for providing accurate information to the public on the unique challenges facing women and girls. With many agencies and offices currently collecting data based on “gender identity,” the usefulness of such data for research into women's and girls' needs is neglected.
Ruling Requires ID Documents to Reflect Actual Sex
Following the passage of the Women’s Bill of Rights, Kansas Attorney General Kris Kobach sought an order from the District Court of Shawnee County to order officials of the Kansas Department of Revenue (KDOR) to comply with the WBOR when issuing driver’s licenses and other legal documents with sex markers, in accordance with the law’s requirement that data collected on sex must be accurate.
In response, Governor Laura Kelly directed the KDOR to refuse to comply with the law and, instead, continue following the state’s previous “gender reclassification policy.”
The District Court of Shawnee County granted the attorney general’s request for a temporary restraining order against the Governor's order and granted a temporary injunction, finding that the law did not violate the Constitution.
The judge declared upholding the Women’s Bill of Rights a matter of public safety, stating:
"Licenses are used by law enforcement to identify criminal suspects, crime victims, wanted persons, missing persons, and others. Compliance with stated legal requirements for identifying license holders is a public safety concern.”
Importantly, the judge also noted that while inaccurate sex data was a danger to public safety, those who objected to their ID not matching their claimed “gender identity” did not allege concern about any “physical violence, verbal harassment, loss of employment, loss of benefits, refusal of service, or negative interaction with law enforcement” beyond mere speculation.
District attorney Kobach celebrated the win, stating, "This decision is a victory for the rule of law and common sense. The Legislature wisely stated that state agencies should record biological sex at birth, and today the court held that the meaning of the law is clear."
WBOR Stands Up to Legal Challenges!
The Women’s Bill of Rights has officially survived its first test in court! WoLF is proud to have been a part of crafting strong legislation that protects women and girls through common sense reform.
TAKE ACTION!
Tell your state lawmakers to pass the Women’s Bill of Rights!
So far, Tennessee, Nebraska, Oklahoma, and Kansas are the only states to legally protect biological definitions of sex. The bill is also currently under consideration in Kentucky, Georgia, Idaho, Iowa, Louisiana, Utah, Arizona, and Alabama. This legislation provides a starting ground to build additional women’s rights legislation in future. We’d love to see it pass across the United States. You can help us make that happen!
Write to your local legislators and ask them to bring these important protections for women to your state!
Support Women’s Liberation in 2024 and Beyond!
WoLF is the only feminist 501(c)(3) nonprofit fighting for women and girls in the courts and legislatures.
When you support WoLF, you champion our radical feminist mission to restore, protect, and advance the sex-based rights of women and girls using legal argument, policy advocacy, and public education!
