Two trans Kansas men are suing Kansas state’s attorney general under pseudonyms, Daniel Doe and Matthew Moe, for the state’s new anti-trans bill. The lawsuit challenges the bill and its lawfulness.
The Law
Recent Kansas Anti-Trans Legislation
The Kansas senate newly passed Bill 244 (aka “the Act” or “SB 244”). “The Act” restricts trans people from obtaining drivers licenses, and bans trans people from accessing restrooms or other gendered spaces in public places. Violations to the bill will be fined, or charged as a class B misdemeanor. It gives the public the ability to sue trans individuals if they feel they have been “aggrieved” by the presence of trans people in a gendered space.
Trans people in Kansas received letters from the DOV that served as a notification of the impending invalidation of any state identification papers that do not match the individual’s sex assigned at birth, with less than 24 hours notice.
There was no grace period. The state is requiring their citizens to pay—at their own expense—to replace their valid and unexpired IDs with new identification that does not represent their true gender. And they are giving them no way to get to the DMV to do so. Without valid ID, they cannot drive; they cannot use their most recent ID alone as identification for the new ones either.
What is the true goal of this law?
Let’s be clear; this law is nothing but an act of discrimination and oppression meant to erase trans people. It is meant to control.
We do not buy the bullshit about legislation like Bill 244 making bathrooms “safe” for women. It is statistically cis men that perpetrate sexual violence, causing women to feel apprehensive and unsafe in public spaces. Not trans people.
The Lawsuit
How are they fighting it?
They are suing to seek “declaratory and injunctive relief, both permanently and during the pendency of this lawsuit.” This means that they are looking for the courts to both declare their rights and that Bill 244 is unconstitutional, as well as order state legislation to take action to protect said rights and remedy the unlawful Bill.
Bill 244 is unconstitutional. Point blank.
The lawsuit outlines exactly how Bill 244 violates the Kansas state constitution. It discriminates against them based on sex, and violates the right to personal autonomy, privacy, equality, and free expression.
Along with the violation of rights, legislators unconstitutionally passed the bill by dodging hearings on the law. Using a “gut-and-go” tactic, lawmakers went through hearings on the bill with unrelated information and once hearings were passed, removed the original language and replaced it with anti-trans legislation. Along with this, they combined too many subjects into a single bill which violates state law.
What does a lawsuit mean?
Both men fear retaliation for the lawsuit. The lawsuit puts a target on their backs. With the current provisions of Bill 244, they could be outed, taken to court or fined for daily, normal behaviors.
But, the lawsuit also represents a refusal to give in. Doe and Moe’s suit is an active opposition to the government’s attempts to silence and erase trans people. It is not only critical but it is powerful.
Photo courtesy of social media
