Kansas Stops Altering Birth Certificates for Transgender Individuals

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The Kansas Department of Health and Environment announced on Friday that it will cease amending the birth certificates of transgender individuals to align with their gender identities. This decision comes in the wake of a recently enacted law that bars the state from legally acknowledging such gender identities.

Kansas joins a select group of states that refrain from modifying the birth certificates of transgender citizens. It was already among the minority of states that do not update the gender markers on driver’s licenses for transgender individuals.

The move reverses the policies established under the Democratic Governor, Laura Kelly, who assumed office in 2019. The policy change was prompted by legal actions from the state’s conservative Republican Attorney General, Kris Kobach, who sought to enforce the new state law. The legislation, enacted by the Republican-majority legislature against Kelly’s veto, took effect on July 1 and stipulates that gender is determined solely by the biological sex assigned at birth.

Wichita resident Jaelynn Abegg, 38, expressed her sorrow for her fellow transgender citizens in Kansas, recalling the profound sense of fulfillment she experienced upon receiving her amended birth certificate in 2021, which affirmed her identity as a female.

“For as long as I can remember, I have yearned to be recognized as a woman,” Abegg stated. “The opportunity to officially affirm my gender identity has been transformational for me.”

Many transgender residents of Kansas have noted the complications arising from possessing identification documents that clash with their gender identities. Such issues can impede activities such as air travel, interactions with law enforcement, and financial transactions. Academic research also indicates that a lack of identity affirmation tends to make transgender individuals, especially youths, more susceptible to depression and elevated suicide risk.

Kobach criticized Governor Kelly for initially suggesting that her administration might continue to modify transgender individuals’ birth certificates and driver’s licenses, despite the new legislation. He argued that Kelly is obligated to uphold the law, irrespective of her personal opinions.

Governor Kelly responded by stating, “I’ve always believed that the state should neither discriminate against its citizens nor intrude into their personal affairs. While I disagree with the law, I am committed to enforcing it.”

Legal expert Omar Gonzalez-Pagan of Lambda Legal suggests that the legislation forced Kelly’s administration into its current stance. He expects that legal challenges will likely render the law unconstitutional.

Proponents of the new legislation argue that a birth certificate serves as a historical document that should remain unaltered, regardless of any subsequent changes in an individual’s gender identity.

From 2019 to June 2023, more than 900 Kansas residents have had the gender markers on their birth certificates changed, and almost 400 have amended their driver’s licenses.

According to a legal opinion by Kobach in late June, the new law not only prevents future changes but also mandates the state to undo any prior amendments to official records. The Department of Health and Environment clarified that existing amended birth certificates will remain valid, but any reissued copies will revert to the original biological sex.

Transgender rights advocates had encouraged people to modify their identification documents before the law came into effect, leading to a spike in requests.

Prior to Governor Kelly’s administration, conservative Republican governors also restricted transgender residents from altering their birth certificates. A lawsuit against this policy was settled under Kelly’s tenure, with a federal judge mandating the change of birth certificates for transgender individuals. However, this ruling was overturned last month in light of the new state law.

A separate state-court case is ongoing to prevent the alteration of driver’s licenses for transgender individuals. Five transgender plaintiffs argue that the law infringes on their rights under the Kansas Constitution. This matter appears poised to escalate to the Kansas Supreme Court.

The American Civil Liberties Union of Kansas has established a website to document instances where the new law has adversely affected individuals.

This report comes from Mission, Kansas.

For more extensive coverage on Kansas politics, visit: Kansas State Government News

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More about Kansas Transgender Birth Certificate Law

• Kansas Transgender Birth Certificate Law
• Kansas State Government News
• American Civil Liberties Union of Kansas
• Lambda Legal