A brief update about the driver’s license situation.

Our org is run by normal people like the rest of you — we’re figuring things out as we go. After some investigation, here’s what we have discovered.

If you would like to learn more yourself, please refer to the Kansas Supreme Court Rule 8.03.

The case in question is referred to as Kansas v. Harper. The ACLU of Kansas has collected many of the legal documents related to the case on a convenient webpage that you can access.

Why can’t I change my gender marker yet?

Short answer: the Kansas Department of Revenue (KDOR) is being cautious because of Kansas Supreme Court rules.

Long answer: Once the Kansas Court of Appeals makes a decision, participants involved have up to 30 days to file a petition for review with the KS Supreme Court.

If the Supreme Court grants this petition, then the

KS Court of Appeals’ ruling is essentially suspended. The final decision will be made by the KS Supreme Court.

That means that if Kobach files for an appeal and this appeal is granted, we would be banned from changing our markers indefinitely.

What’s the timeline look like?

July 13 – Deadline for Kobach to file a petition for review.

August 12 – Latest possible date for the ACLU of Kansas to file a response if Kobach appeals. This is not required, but the Supreme Court may wait until then before reviewing the petition so that the ACLU can respond.

If the ACLU responds in August:

October-ish – Most likely the earliest that the Kansas Supreme Court will grant or reject the petition.

December-ish – Most likely the earliest time for a Supreme Court hearing.

April-ish – Most likely the earliest time for a Supreme Court ruling.

Best vs. Worst Case Scenario

Earliest time we’ll be able to update our gender markers: July 14th

Latest time: Potentially years. Hopefully it won’t take that long, but it’s not impossible. Just be aware.