Beyond the Dome: Recent Attacks on Trans Rights in the United States

By Katie Dusza

1,700 driver’s licenses belonging to transgender people have been revoked in Kansas. This occurred in lieu of several recently placed restrictions on the legal recognition of trans people in the United States. In addition to Kansas being one of five states to prohibit changing the gender marker on a trans person's licenses, Kansas is the first to pass a law that retroactively cancels licenses that have already been changed. This law also invalidated birth certificates for those who have previously updated their gender markers. 

Hundreds of trans drivers in Kansas have received letters from the state, saying their documents were “invalid immediately” and they “may be subject to additional penalties” if they continue to drive without surrendering the changed licenses to the Kansas Division of Vehicles. If trans drivers in the state want to drive, they need to get a new license with their birth sex listed.  

In response, two trans residents sued Kansas last month, saying that the law violates state protections for personal autonomy, privacy, equality, due process and freedom of speech. Douglas County District Judge James McCabria declined to grant a temporary restraining order against the law while the case proceeds, writing in his decision that there isn’t enough evidence to show that trans people will face discrimination and harassment if they use gendered bathrooms or show IDs that conflict with their gender identities. However, according to a 2015 report from the National Center for Transgender Equality, as well as a 2021 report from the Williams Institute based at the UCLA School of Law, trans people have historically reported facing more harassment and discrimination while using IDs that don't display their gender identity. Trans people in Kansas are worried about facing more harassment with this new policy. 

This ruling has been long in the making for Kansas. In 2007, Kansas allowed trans people to change their gender marks on their licenses according to their gender identities. However, in 2023, the state changed its legal definition of sex to be male or female and assigned at birth. In the past fifteen years, other states have made similar changes, according to NBC News.

Earlier this month, the U.S. Supreme Court barred California from enforcing a former state policy against trans rights. The policy restricted schools from notifying parents about students who come out as transgender and required teachers to use the student’s preferred pronouns. In a 6-3 vote, the Supreme Court granted an emergency appeal, allowing a judge’s ruling in favor of parents who oppose the former policy. This judge ruled that parents have a constitutional right to be informed of a child’s “gender incongruence.” The Supreme Court defended this claim by stating that California’s student privacy policies allow schools to “facilitate” a student’s gender transition without parental notification, violating free religious expression and substantive due process. This appeals to the harmful notion that queer identities are taught, which is untrue.

According to NBC, the court said, "We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim.” The court added, "The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs.”

Critics of this ruling argue that California’s original policy is necessary for students who fear for their safety living in a home where their trans identities are not accepted. Trans rights advocates also stress that these protections for trans students are more critical now than ever with the current uprising of restrictions on trans rights.