TOPEKA (KSNT) – Kansas Attorney General Kris Kobach plans to sue, after Governor Laura Kelly announced that she will not direct state agencies to revert their gender marker policies.

The Kansas Department of Health and Environment (KDHE) and the Kansas Department of Revenue (KDOR) will continue to update gender markers on birth certificates and driver’s licenses for transgender individuals, standing against Kobach’s legal opinion issued Monday.

“The Governor has stated that SB 180 changes nothing with respect to drivers licenses and birth certificates. That is nonsense. The Legislature passed SB 180 and overrode Governor Kelly’s veto specifically to ensure that those documents reflect biological sex at birth. The Governor doesn’t get to veto a bill and then ignore the Legislature’s override. She is violating her oath of office to uphold Kansas law. We will see her in court.”

Kris Kobach, Kansas Attorney General

Kobach’s Office said he plans to sue, following the governor’s move.

In his legal opinion, Kobach stated that a new state law defining biological sex, SB 180, would also require state agencies to update birth certificates and drivers licenses to reflect sex at birth.

Kelly said she’s directed KDOR and KDHE to follow their legal counsel’s interpretation of the law, in a statement Thursday.