Doe v. State of Kansas

Question 1

What is SB 244?

Accepted Answer

Senate Bill 244 requires transgender people to use the restrooms and other sex-separated facilities in government buildings associated with their sex assigned at birth, while creating new civil and criminal penalties to enforce those restrictions.

Senate Bill 244 changes the rules regarding government IDs for transgender people. It prohibits transgender people from updating their driver's licenses, state ID cards, or birth certificates to reflect their gender, and also invalidates transgender people's existing driver’s licenses, state IDs, and birth certificates if those documents were issued in Kansas and reflect a gender different from a person's sex at birth.

Question 2

What does SB 244 mean for transgender people who have already changed the gender on their Kansas driver’s licenses?

Accepted Answer

SB 244 says that any driver's license with a gender marker that is inconsistent with sex at birth is invalid as of February 26, 2026. The law contains no grace period. The Kansas Department of Revenue (KDOR) must provide written notice to anyone whose license is affected by this law, and many people have already received a letter informing them that their state-issued driver's licenses are now invalid.

While not everyone with an affected license has received a letter, KDOR's website now says: "Pursuant to this new law, if the gender/sex indication on the face of your current credential does not match your sex assigned at birth, you are directed to surrender your current credential to the Kansas Division of Vehicles (DOV)." Learn more here.

You can also check the status of your license on KDOR's website, but we do not know how or whether that is being updated for licenses affected by SB 244.

If you have not updated your gender marker and it reflects your sex assigned at birth, SB 244 does not apply, and your driver's license or state ID should remain valid.

Question 3

I have a Kansas driver’s license/state ID that is now invalid under SB 244. Can I still use it to drive, apply for work/school/housing, vote, fly, or purchase goods and services?

Accepted Answer

We understand that the Kansas Department of Revenue (KDOR) has sent letters to some individuals stating that their licenses are invalid. KDOR's letter provides instructions about your obligations with respect to driving and states that there is no grace period.

The penalties for driving with an invalid license depend on other factors associated with the offense, including the number of prior offenses, but can include fines and/or jail time.

KDOR has also said on its website that invalid licenses cannot be used to purchase age-restricted items.

Since 2012, Kansas has required voters to have a photo ID when voting in person. The Kansas Secretary of State has a list of acceptable forms of photo ID for voting.

We currently do not know how the invalidation of your driver's license affects your ability to use it for other purposes.

Question 4

What are the consequences of using a restroom that is different from the ones designated for my sex assigned at birth?

Accepted Answer

Under SB 244, using a multi-user restroom in a government building that is different from the ones designated for your sex assigned at birth exposes you to potential civil and criminal liability.

SB 244 also creates a cause of action for anyone who "while accessing a multiple-occupancy private space designated for use only by such individual’s sex, is aggrieved by the invasion of such individual’s personal privacy or is otherwise harmed by a violation of this section by an individual of the opposite sex." SB 244 also creates an affirmative defense for the person sued that they "did not know that the multiple-occupancy private space was designated for use only by individuals of the opposite sex to that of the defendant."

Kansas law puts transgender people in an impossible position. For transgender people, using the restroom consistent with their gender and how they live their lives is now against the law in government buildings. But using the restroom consistent with their sex at birth in government buildings may out them as transgender, be unsafe, and they might still be sued if someone else thinks they've used the wrong restroom. Either way, transgender people may be punished and harassed because of SB 244.

If someone confronts you, claiming you are in the wrong restroom, say you will be done momentarily or that you will leave as soon as you finish, and avoid further confrontation. If someone threatens violence against you, leave as immediately as you can.

If asked to leave by law enforcement or a government employee with authority over the building, leave as immediately as you can. When you are somewhere safe, write down what happened and the names or roles of any people who asked you to leave or threatened you.

Question 5

Does this law apply to other single-sex spaces beyond restrooms?

Accepted Answer

Yes. SB 244 applies not only to restrooms (which our lawsuit addresses), but also to locker rooms, changing rooms, or shower rooms in buildings owned or leased by a government entity, as well as any "facility designed or designated for simultaneous use by more than one person" where someone "may be in a state of undress in the presence of another" person, "regardless of whether the facility provides curtains or partial walls for privacy."

There are some exceptions for people entering restrooms for things like custodial purposes, aiding someone who needs help using the facility, or for children under nine years old accompanying a caregiver. The full list of exceptions is below.

SB 244 says that an individual "may enter a multiple-occupancy private space designated for use only by individuals of the opposite sex: (A) For custodial purposes; (B) for maintenance or inspection purposes; (C) to render medical or other emergency assistance; (D) to accompany and provide assistance to an individual who needs assistance using the facility; (E) for law enforcement purposes; (F) to render assistance necessary in preventing a serious threat to proper order or safety; or (G)to provide coaching or athletic training during athletic events, provided such individual is a member of the coaching or athletic training staff and such individual ensures that no individual of the opposite sex is in a state of undress prior to entering such multiple occupancy private space; and (2) a child who is under nine years of age may enter a multiple occupancy private space designated for use only by individuals of the opposite sex if accompanied by an individual caring for such child."

Question 6

What should I do if someone demands that I show them ID to verify my gender?

Accepted Answer

SB 244 does not give individuals the right to demand information about your body or to see your ID. If a law enforcement officer asks you a question, you have the constitutional right to remain silent. However, if an officer asks you to identify yourself, you may be required to do so. Learn more about your rights when stopped by law enforcement here.

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