UNITED STATES NEWS

Lawsuit over Kansas IDs would be a ‘morass’ if transgender people intervene, attorney general says

Jul 26, 2023, 10:57 AM

TOPEKA, Kan. (AP) — Allowing transgender Kansas residents to intervene in a lawsuit that seeks to force the state to list the sex they were assigned at birth on their driver’s licenses would create a legal “morass,” the state’s Republican attorney general argued in a new court filing.

Attorney General Kris Kobach also contends in a filing made public Wednesday that the five transgender people trying to intervene do not have a substantial interest in the lawsuit’s outcome. Kobach wants to keep the focus of the case on his argument that a new state law that rolled back transgender rights as of July 1 bars the state from changing transgender people’s driver’s licenses to reflect their gender identities.

Kobach filed the lawsuit last month against two top officials in the Kansas Department of Revenue, which issues driver’s licenses. The lawsuit came after Democratic Gov. Laura Kelly announced that people could continue to have their driver’s licenses changed despite the new law, which defines male and female under any state law as the sex assigned to a person at birth. The Republican-controlled Legislature overrode Kelly’s veto and enacted it.

District Judge Theresa Watson has an Aug. 16 hearing set in Shawnee County, home to the state capital of Topeka, on the transgender people’s request to intervene. Watson already has directed the department not to change transgender people’s licenses while the lawsuit moves forward, and that order is to remain in place until at least Nov. 1. Kansas is among a few states that don’t allow such changes, along with Montana, Oklahoma and Tennessee.

The five transgender individuals are represented by the American Civil Liberties Union and argue that barring changes in the sex listings on driver’s licenses violates their rights under the Kansas Constitution.

Kobach argued in his filing, dated Tuesday, “That is not the issue in this case.” Instead, he said, the question is only whether the Department of Revenue is complying with the new law.

“Thus, whatever grievances third parties may have … such matters are simply not relevant,” Kobach wrote.

Kobach also argued that if the transgender people intervene and raise constitutional issues, he would be obligated as the state’s top lawyer to defend the Department of Revenue against those claims — in his own lawsuit.

“Allowing intervention will create a procedural morass,” he wrote.

Attorneys representing the Department of Revenue against Kobach’s lawsuit support the transgender people’s request and argued in their own filing Tuesday that allowing them to intervene would promote “judicial economy.” The lawyers said the transgender residents are likely to file a separate lawsuit if their request is denied.

Sharon Brett, legal director for the ACLU of Kansas, said in a statement that because Kobach’s interpretation of the new law conflicts with transgender people’s rights, “Their voices must be heard.”

“It is telling that Mr. Kobach is going to great lengths to prevent the voices of transgender Kansans from being heard in this case,” she added.

Kobach also is trying to stop Kansas from changing the sex listing on transgender people’s birth certificates in a separate federal lawsuit.

___

Follow John Hanna on Twitter: https://twitter.com/apjdhanna

United States News

Researchers from NOAA Southwest Fisheries Science Center inspected a 52-foot-long female fin whale ...

Associated Press

52-foot-long dead fin whale washes up on San Diego beach; cause of death unclear

SAN DIEGO (AP) — A 52-foot-long (16-meter-long) dead fin whale washed up on a San Diego beach over the weekend and officials said there was no obvious sign of the cause of death. The young female whale was found Sunday in Mission Beach and was later towed out to sea, the San Diego Union-Tribune reported. […]

10 minutes ago

FILE - Special counsel Jack Smith speaks to the media about an indictment of former President Donal...

Associated Press

Special counsel Jack Smith asks Supreme Court to rule quickly on whether Trump can be prosecuted

WASHINGTON (AP) — Special counsel Jack Smith on Monday asked the Supreme Court to take up and rule quickly on whether former President Donald Trump can be prosecuted on charges he plotted to overturn the 2020 election results. A federal judge ruled the case could go forward, but the Republican former president signaled he would […]

22 minutes ago

Associated Press

Rapper Quando Rondo charged with federal drug crimes. He was already fighting Georgia charges

SAVANNAH, Ga. (AP) — The rapper Quando Rondo has been indicted on federal drug charges in Georgia, where he also faces state gang and drug charges filed six months ago. Chatham County jail records show the 24-year-old rapper, whose real name is Tyquian Terrel Bowman, was booked in the federal case Saturday after being arrested […]

25 minutes ago

FILE - This artist depiction shows Massachusetts Air National Guardsman Jack Teixeira, right, appea...

Associated Press

Multiple security failures led to the Air Force classified documents leak, inspector general finds

WASHINGTON (AP) — The massive classified documents leak by an Air Force service member earlier this year was made worse by the intentional failure of multiple officials to take required action on his suspicious behavior, the Air Force inspector general reported Monday. Massachusetts Air National Guard member Jack Teixeira is accused of leaking highly classified […]

1 hour ago

Associated Press

Minnesota judge sets aside murder conviction of man imprisoned as teen for 2004 flower shop killing

MINNEAPOLIS (AP) — A Minnesota judge on Monday set aside the murder conviction of a man who was sent to prison for the 2004 killing of a man in a Minneapolis flower shop, the Hennepin County Attorney’s Office said. Marvin Haynes, who was 16 at the time of the killing, was expected to be released […]

2 hours ago

Associated Press

Imprisoned accomplice in shooting of then-NFL player’s girlfriend dies

CHARLOTTE, N.C. (AP) — A man who had spent two decades in prison for firing the shots in a plot by then-Carolina Panthers player Rae Carruth to kill Carruth’s pregnant girlfriend has died. Van Brett Watkins died on Dec. 3 at age 63, according to online prisoner records from the state Department of Adult Correction. […]

2 hours ago

Sponsored Articles

Follow @KTAR923...

Valley residents should be mindful of plumbing ahead of holidays

With Halloween in the rear-view and more holidays coming up, Day & Night recommends that Valley residents prepare accordingly.

Follow @KTAR923...

The 2023 Diamondbacks are a good example to count on the underdog

The Arizona Diamondbacks made the World Series as a surprise. That they made the playoffs at all, got past the Milwaukee Brewers in the NL Wild Card round, swept the Los Angeles Dodgers in the NLDS and won two road games in Philadelphia to close out a full seven-game NLCS went against every expectation. Now, […]

...

Desert Institute for Spine Care

Desert Institute for Spine Care (DISC) wants to help Valley residents address back, neck issues through awake spine surgery

As the weather begins to change, those with back issues can no longer rely on the dry heat to aid their backs. That's where DISC comes in.

Lawsuit over Kansas IDs would be a ‘morass’ if transgender people intervene, attorney general says