Kansas passes law reversing gender identity policies

On February 18, 2026, Kansas enacted Senate Bill 244, a law defining sex in state law based on biological characteristics at birth and requiring state agencies to apply that definition across government policies.

A key provision of the law invalidates Kansas driver’s licenses that list a gender marker different from a person’s sex at birth, including licenses issued under earlier state policies. Transgender residents who previously updated their identification documents under earlier state policies now have driver’s licenses whose gender markers conflict with the state’s legal definition of sex.

The legislation also establishes rules governing restroom use in government buildings and allows individuals to file lawsuits alleging violations of those provisions.

Why It Matters

Kansas is the first state to enact legislation that retroactively affects identification documents already issued with updated gender markers. In several other states that have adopted similar policies—such as Texas, Tennessee, and Florida—the restrictions apply only to future changes.

Kansas also requires voters to present a valid government-issued photo ID when casting a ballot. Because the new law invalidates certain driver’s licenses, some transgender residents may need to obtain replacement identification to meet voter ID requirements.

Government-issued identification is also used for employment verification, housing applications, travel, and interactions with law enforcement. Advocacy groups estimate that roughly 22,000 adult transgender residents live in Kansas, some of whom may be affected by the law’s provisions related to identification documents.

Background

Senate Bill 244 requires Kansas state agencies to define sex as male or female based on biological characteristics present at birth. This definition must be used across state policies and records that rely on sex-based classifications.

The law includes several provisions related to identification documents and public facilities:

• It invalidates Kansas driver’s licenses that contain gender markers different from a person’s sex at birth, including licenses issued under earlier state policies.
• It prohibits future updates to gender markers on Kansas driver’s licenses and birth certificates.
• It requires individuals to use restrooms in government buildings and other state facilities that correspond to their sex as defined under the law
• It creates a private right of action, allowing individuals to file lawsuits against people they believe are violating the law’s restroom provisions, with potential civil damages of up to $1,000.

Shortly after the law’s enactment, transgender Kansans and civil rights organizations—including the American Civil Liberties Union—filed lawsuits challenging the measure in state court.

Kansas joins a growing number of states considering or adopting legislation related to gender identity, reflecting an ongoing national debate over how sex and gender are defined in law.

Resources

ACLU - Transgender Kansans Challenge State Law Invalidating Their Driver’s Licenses and Allowing Them to Be Sued for Using Public Restrooms
ACLU - Understanding the New Kansas Law Targeting Transgender People