TOPEKA (KSNT)— Shawnee County District Court Judge Teresa Watson has granted a motion for five transgender Kansans to intervene in a lawsuit over gender markers on driver’s licenses.

Kansas Attorney General Kris Kobach is suing the Kansas Department of Revenue (KDOR) for refusing to follow his legal opinion on SB 180, a new state law that defines biological sex. 

The ACLU filed to intervene in the lawsuit last month:

“We are gratified that the court has seen that our clients have a vested interest in the outcome of this case, and should be entitled to make their arguments,” said Sharon Brett, Legal Director of the ACLU of Kansas. “For our clients and the entire community they represent, this case is about the privacy, dignity, and autonomy that comes from having accurate gender markers on their license, and about their right to be safe from the harassment they would face if forced to present inaccurate IDs that would essentially out them against their will in daily life. This case is about trans Kansans’ well-being and their ability to live freely and without government-sanctioned persecution — we look forward to further demonstrating that before the court.”

While the law defines biological sex in areas like restrooms and locker rooms, Kobach argued in his legal opinion that it also requires state agencies to stop changing sex listings on driver’s licenses and birth certificates. 

Kobach released the following statement, after the judge’s decision on Friday:

“The primary legal question remains the same: Does a state agency have to follow the plain meaning of a law passed by our duly-elected legislators? With respect to the constitutional challenge raised by the ACLU, we look forward to rebutting their novel theories in court.”

Kris Kobach, Kansas Attorney General