Kansas Invalidates Transgender Driver's Licenses and Birth Certificates After Legislative Veto Override

New Law Takes Effect, Invalidating Documents

The state of Kansas has moved to invalidate approximately 1,700 driver's licenses and a similar number of birth certificates held by transgender residents. This action stems from a new law, Senate Bill 244 (SB 244), which mandates that these identification documents must reflect an individual's sex assigned at birth. The law took effect on Thursday, February 26, 2026, with no grace period for compliance.

The Kansas Division of Vehicles (KDOV) and Department of Revenue have begun sending letters to affected individuals, informing them that their current credentials are no longer valid. This move effectively reverses previous legal recognition of gender identity on state-issued documents.

Legislative Action and Veto Override

The implementation of SB 244 follows a legislative battle in which the Republican-controlled Kansas Legislature overrode a veto by Democratic Governor Laura Kelly. Governor Kelly had previously vetoed similar measures, including Senate Bill 180 (SB 180) in 2023, which broadly defined 'sex' based on biological reproductive systems at birth. While SB 180 laid the groundwork, SB 244 specifically addresses the invalidation of existing documents and prohibits future changes to gender markers.

The legislature's supermajorities successfully overturned Governor Kelly's veto of SB 244, making it law despite her objections. This legislative maneuver has been a recurring theme in Kansas, with many of Governor Kelly's vetoes on transgender-related legislation being overridden since 2021.

Immediate Consequences for Transgender Kansans

Transgender residents whose driver's licenses no longer align with their sex assigned at birth are now operating vehicles with invalid credentials. Driving with an invalid license is a Class B misdemeanor in Kansas, punishable by up to six months in jail and a $1,000 fine. Affected individuals are required to surrender their current licenses and pay a fee, estimated between $8 and $26, for a new one that reflects their sex assigned at birth.

The lack of a grace period has caused immediate concern and confusion among those affected. Critics argue that carrying identification that misgenders them can expose transgender individuals to harassment, discrimination, and potential violence during interactions with law enforcement or in daily transactions.

Broader Context and Reactions

Kansas's new law is considered particularly far-reaching as it retroactively voids documents that were previously legally updated, a step that distinguishes it from similar legislation in other states. Beyond identification documents, SB 244 also includes provisions that ban transgender individuals from using public restrooms, locker rooms, and other single-sex facilities that align with their gender identity.

The American Civil Liberties Union (ACLU) and other LGBTQ+ advocacy groups have been actively involved in challenging these measures. Attorney General Kris Kobach has been a proponent of enforcing these laws, having previously filed lawsuits to prevent transgender individuals from changing gender markers on state documents. While a Kansas Court of Appeals decision in June 2025 had temporarily allowed gender marker changes to resume, the passage of SB 244 has once again halted this practice.