TOPEKA — Transgender rights activist Jaelynn Abegg was furious Thursday morning when she received a letter from the state informing her that her driver’s license had been invalidated because of a new state law.
Abegg, a Wichita resident, said she would only get a new driver’s license if she needs one before fleeing the state, which she plans to do as soon as she can afford it. In the meantime, she figures her U.S. passport will be “ID enough.”
“When things like this happen, I honestly get a little bit of a demon of rebellion in me, and I’m not sure exactly how I’m going to manifest that, if at all right now, but I can tell you that I’m very angry,” Abegg said. “I’m heartbroken. This is my home state. I’ve lived here all but two years of my life, and yet, every year since I’ve been living as a woman and having come out as transgender, this state has done nothing but break my heart. If this state was a romantic partner, I would definitely call this an abusive relationship at this point.”
The Kansas Department of Revenue this week sent a letter to Kansans affected by a new law, which took effect Thursday, that requires the gender marker on a driver’s license to match a person’s sex at birth.
The letter informs trans Kansans that because the Legislature didn’t include a grace period for updating credentials, they are “invalid immediately, and you may be subject to additional penalties if you are operating a vehicle without a valid credential.” A spokesman for the agency told Kansas Reflector the law invalidated about 1,700 licenses.
The letter directed trans Kansans to surrender their driver’s license to the state before they can receive a new one, which will cost them $8.
“We apologize for the inconvenience this causes you,” the unsigned letter said.
Republicans in the Legislature placed transgender Kansans in their crosshairs at the start of this year’s session. The House Judiciary Committee scheduled a hearing with less than 24 hours notice on the second day of the session for a bill that would invalidate their driver’s licenses. The bill was a response to a Kansas Court of Appeals ruling last year that determined there was no harm in letting people change their gender markers, which Kansans have done since at least 2002 with no complaints.
A week after the rushed hearing, in a flurry of procedural maneuvers, the committee took action on the bill without warning. Republicans added language that would make it illegal for someone to use a public building bathroom, or similar space, like a locker room, that conflicts with their sex at birth. They then inserted the contents of the House bill into an unrelated Senate bill that passed the year before. That allowed the House and Senate to pass Senate Bill 244 the next day without ever holding a public hearing on the bathroom provision.
Democratic Gov. Laura Kelly vetoed the bill on Feb. 13. The House and Senate subsequently overrode her veto with all but one Republican, Rep. Mark Schreiber of Emporia, voting in favor of the bill.
Abegg, who organized a Feb. 6 “pee-in” protest, in which trans people and their allies filled a bathroom at the Statehouse, said lawmakers were “blatantly subverting the democratic process … because they know they’re going to get blowback.”
“This is a hallmark of a Legislature and of a government that has a deep, deep sickness in it, and it really saddens me that we’re living to see days like this, where there’s that sort of situation going on, and there’s not a greater public outcry about it,” Abegg said. “This should be a concern to everyone who values democracy and who values Kansas as a free state.”
Trans Liberty, a political action committee that fights for trans rights, issued its first-ever statewide evacuation order Thursday, when it urged transgender Kansans to flee.
Samantha Boucher, founder of Trans Liberty PAC, said in a statement there is “something deeply wrong with a government that erases its own citizens’ legal identities.”
Abegg said the warning to leave is “absolutely the right approach.”
“I don’t think that legislators in Kansas are done harassing trans people,” Abegg said. “I think that transgender health care for adults is coming next. It would not shock me within the next two to five years to see them come after name changes for transgender people. The cruelty has always been the point, and the objective has always been the complete erasure of transgender people from public life.”
Jessie Lawson, a trans woman from Wichita, initially planned to go to the DMV and refuse to pay for a new license, then decided against it.
“I can work from home and, for the moment, minimize the risk of getting pulled over,” Lawson said.
She said her first thought when she read the letter from the state was to wonder “how conservatives can live with so much fear and hate in their hearts.”
Kansas Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity.