Kansas SB 244: What the New Anti-Transgender Law Means for IDs, Voting, and Safety

Kansas has reentered national headlines after the passage and implementation of SB 244, which expanded on SB 180 to restrict transgender rights further. Kansas has created numerous anti-transgender laws since 2020 via its Republican supermajority, repeatedly overruling Governor Laura Kelly’s veto power. Here are the basics on what exactly is going on.


What Is SB 244?

SB 244 requires legal documents, such as birth certificates and driver’s licenses, to be based on sex assigned at birth and automatically invalidates all previously issued documents.

Kansas residents received official letters from the Kansas Department of Revenue stating their documents are immediately considered invalid and must be resubmitted following new guidelines.

It is estimated that SB 244 will affect up to 1,700 licenses and 1,800 birth certificates. Still, transgender residents have already reported online not being included in those numbers despite having an affected document.

Why Forced Document Changes Put Transgender People at Risk

Legal documents that do not reflect one’s gender identity and expression are dangerous because they automatically out one as transgender. Although gender identity is technically included in Kansas’s discrimination laws, it will be harder to enforce when you’re forced to be out. 

Every employment contract, rental agreement, and police interaction requires disclosure. Something as simple as buying beer or cigarettes poses a potential safety risk – it’s not like American police are known for being patient or understanding, and mismatched documents can escalate violent situations.

Does SB 244 affect people outside of Kansas?

Not really. SB 244 only applies to Kansas residents. However, other anti-transgender laws, including bathroom restrictions, may still be applied regardless of state residency or citizenship.

Technically, SB 244 DOES affect anyone BORN in Kansas since you must comply with state law to update your birth certificate. Since Kansas does not allow transgender people to update this document, this means you are unable to amend your birth certificate if you were originally born in Kansas, although you may be able to update your driver’s license in your state of residence.

These restrictions also apply to passports, since proof of a birth certificate is required for obtaining a U.S. passport – although currently, transgender people are unable to get passports consistent with their gender identity.

Until individuals obtain “corrected” documents, they face criminal and civil penalties equal to those for driving without a license. People have been quick to point out how unfair this is, since there was no grace period typical of document laws.

Will affected Kansas residents automatically get a corrected ID?

No. Obtaining a “valid” birth certificate or driver’s license affected by SB 244 is not free; individuals must pay state fees. Some affected residents will receive an official notice in the mail stating that their documents have been invalidated, but not everyone will get one.

How SB 244 Affects Voting Rights

Additionally, SB 244 invalidates transgender Kansans’ ability to vote. Kansas has required voters to present a photo ID when voting since 2012, so SB 244 means transgender people will be unable to vote until they obtain a new license or a related accepted ID.


How did SB 180 lead to SB 244?

In 2023, Kansas passed SB 180 to create a legal definition of biological sex – Attorney General Kris Kobach attempted to immediately require all updated legal documents to be based on “original sex at birth.”

Governor Kelly stated that the Kansas Department of Revenue would continue to process gender marker changes despite Kobach, prompting Kobach to sue. Kobach eventually lost this legal battle after the Kansas Supreme Court rejected his appeal, agreeing with the Kansas Court of Appeals that he failed to provide any evidence that the updated gender markers substantiated a “public safety concern.”

In the end, despite Kobach’s efforts, transgender Kansans could update their gender marker until SB 244 last month.

The law also now penalizes transgender people with a misdemeanor for using sex-segregated facilities not aligned with their biological sex. This includes restrooms, changing rooms, locker rooms, and shower rooms in all spaces meant for more than one person.

Like mismatched documents, this policy forcibly outs transgender people of all ages and puts them in unsafe situations in sex-segregated spaces that make everyone uncomfortable.


Do Bathroom Bills Make Anyone Safer?

No. There has been zero evidence that enforced bathroom laws have improved any aspect of public safety. If anything, bathroom bills make everyone less safe by creating an anti-transgender witch hunt that cisgender people can’t pass.

When bathroom bills first started to come around in 2016, I pointed out to people the reality of how ineffective they were. Sexual assault is illegal no matter what. Transgender people are NOT a high-risk population for committing sex-based crimes, but bathroom bills do nothing other than make people anxious about who is in the stall next to them.

SB 244 does NOT give individuals the right to demand ID or physical proof of one’s gender while using a sex-segregated facility, although police officers may. You always have the right to remain silent, even when questioned by law enforcement. The ACLU of Kansas has guidelines for transgender individuals who are unsure how to navigate SB 244.

Instead of meeting the needs of their constituents, Kansas lawmakers have prioritized cruelty… Forcing people into the wrong bathrooms, stripping them of accurate IDs, and allowing government-sanctioned harassment doesn’t make anyone safer — it targets transgender Kansans for no reason and will undoubtedly impact many others who are targeted with animus whether or not they are transgender.

Human Rights Campaign President Kelley Robinson

SB 244 also created a “bounty hunter” provision to allow individuals to sue suspected transgender individuals up to $1,000 for using a facility not aligned with their sex assigned at birth.

Since its implementation, two transgender Kansans have already filed a lawsuit to block SB 244. Daniel Dow and Matthew Moe (pseudonyms for the case) have requested that the court declare SB 244 unconstitutional and block its enforcement. 

In theory, Kansas courts previously sided with transgender rights leading up to SB 244 – but if Kansas takes the case to the United States Supreme Court, the Court will likely side with “states’ rights” similar to banning gender-affirming care and abortion. On the other hand, transgender men have purposely taken the lawsuit to force the Court to understand the consequences of forcing men into women’s restrooms despite their vilification of transgender women.

Are you transgender and have been affected negatively by SB 244? The ACLU of Kansas is currently seeking stories to help build its case.


Resources for Transgender People Affected by SB 244

LGBTQIA+ Crisis Lines

Trans Solidarity Project

ACLU of Kansas

Lawyers for Good Government

Advocates for Trans Equality

Trans Legal Services Network

Gay and Lesbian Advocates and Defenders

Lambda Legal

Equality Kansas

National Center for Lesbian Rights

Transgender Law Center

OutList Provider Directory

Trans Health Project

Erin in the Morning Informed Consent HRT Map