Kansas, Other States Threaten To Undo Legal Gender Changes

[Ivy]

https://www.erininthemorning.com/p/kansas-other-states-threaten-to-undo?utm_source=substack&utm_medium=email

 

I've kinda been expecting this.

 

"In a shocking announcement, Attorney General Kris Kobach of Kansas released an official opinion on Monday that will threaten transgender people’s legal documents in the state. If Kobach’s opinion is enforced, transgender individuals who had moved ahead and legally corrected their birth certificates and driver’s licenses now may have their corrections reversed. The wrong gender marker may be placed on all legal documents provided by the state."

 

 "Kobach interpreted this to mean that state agencies must now revert the gender markers on driver’s licenses and birth certificates for transgender people in the state, even if they were changed legally in the past." 

 

If they do it in one state it will spread throughout the red.  I got mine changed last year when I officially changed my name.  I wanted to get it done before they prohibited it.  Looks like they will just make this retroactive.  What else could you expect from transphobic politicians drunk on power.

 

NC has flipped red recently, and the GOP is currently working on passing the standard transphobic bills.

 

My birth certificate is in NY state, so I doubt they will do this.  Of course I am still waiting on my corrected copy.  I'm kinda hoping I live long enough to see it.

 

 

[Mmindy]

This is horrible and I hope it's defeated.

 

@Ivy I'm not kinda hoping you live long enough to see it! I'm really hoping you live well past seeing it. You still have so much to offer.

 

Hugs,

 

Mindy🌈🐛🏳️‍⚧️🦋

[Charlize]

I'm certainly not a legal scholar but i'm not sure Attorney generals can simply reverse past decisions on a political whim.  Hopefully this will get trashed but it certainly is a look at the plans to exclude us from all legal protections by the GOP.

Sad, infuriating and a good reason to vote.

 

Hugs,

 

Charlize

[VickySGV]

I think it will cost money that has not been budgeted  for some expensive work ahead  if he keeps this up. 

 

[Charlize]

4 minutes ago, VickySGV said:

I think it will cost money that has not been budgeted  for some expensive work ahead  if he keeps this up. 

Good point Vicky! 

That may well cut his plan back a good bit.  I would guess there will be legal challenges as well as the simple cost of state government making all those changes and issuing documents.  They most likely charged and covered costs as they originally changed them but doubt any trans folks will pay again to get them revoked like that.

 

Hugs,

 

Charlize

[VickySGV]

I just read another article on this  thing, and it sounds like the dude really does not know what he is doing.  The ID change was a litigated and court settled issue back in 2015 with a Federal Court entering this as part of the settlement the state made of the lawsuit.  We have the state AG up against the Federal Court system with an agreement by the state to do it as part of the judgment.  If he really wants it his way he will have to re-open the suit (which by now is beyond the statute to re-open or tell the Federal Court to go to hell, which after another suit SCOTUS conservatives  actually decided the right way, I think KAG is in for a  rough ride. Lambda Legal was the group that won the original judgment and they are raring to go back for bear.

 

[Kristen Sehr]

It would not surprise me if some of the efforts to roll back/destroy supportive trans-related laws, and to enact anti-trans laws,  are being advanced by the GOP even when the likelihood is good that at least some will lose on appeal, be found unconstitutional, etc. They can still play to their conservative base this way, and claim they were only trying to do the "right" thing and would have succeeded had it not been for the evil Dems (or fill in the blank with whatever their scapegoat of that particular moment is). Such a strategy is highly manipulative and dishonest to its very core.

 

On the other hand, more of this garbage & bad law may actually stick, again depending on appellate findings since they will almost certainly be litigated. If something like this happens in my state, I am considering volunteering as a plaintiff (or one of them in case of a group of plaintiffs) should an appeal be brought. That is the least I can do.

 

These are not special rights we're after, but merely the ability to exist and to have our medically recognized issues properly treated. But it seems like we are becoming another unhealthy politics Germany. And I hope that people are not naive enough to think that groups like the GOP will restrict their persecutions solely to trans folks. Minorities of every sort are also on the chopping block and will find themselves there eventually if this sort of thing does not stop. And in the process, whatever being an American meant will be lost. If it has not been already...

   

[Kristen Sehr]

1 minute ago, Kristen Sehr said:

But it seems like we are becoming another unhealthy politics Germany.

 

Interesting. The forum substituted the term I used (for National Socialist Germany, I used the common, shortened term that is four letters and begins with "N") to the phrase "unhealthy politics Germany". Ha! That's funny. And not a typo on my part. I don't know how this post of mine will turn out now, maybe the forum will substitute something else? I did not know that word is taboo here. I'm still learning. 

[Ivy]

7 hours ago, Kristen Sehr said:

I used the common, shortened term that is four letters and begins with "N"

Yeah, ya can't say that here.  LOL

 

Saw this one this morning.

Tennessee Judge Hands Down Devastating Decision for Transgender People

https://www.advocate.com/law/birth-certificate-tennessee-transgender

 

"U.S. District Judge Eli Richardson of the U.S. District Court for the Middle District of Tennessee found that while there are multiple definitions for the word “sex,” the word “has a very narrow and specific meaning” when it comes to birth certificates. While the plaintiffs had argued gender identity should be the criteria used, Richardson maintained that the “external genitalia at the time of birth” determined a person’s sex designation on the document."

[Ivy]

Just a bit more

 

https://www.lgbtqnation.com/2023/06/kansas-is-going-to-change-gender-markers-on-trans-peoples-ids-back-to-their-sex-assigned-at-birth/

 

"American Civil Liberties Union of Kansas executive director Micah Kubic told KMUW that S.B. 180 does not require the measures Kobach announced on Monday. “These are of his own volition and interpretation, driven by his own extreme ideological perspective, not by requirements of the law, the constitution, or the best interests of Kansans,” Kubic said."  

 

When some people get into office they want to act like a dictator.  I didn't realize an Attorney General had the authority to make their own laws…  silly me.

[KathyLauren]

13 hours ago, Charlize said:

I'm certainly not a legal scholar but i'm not sure Attorney generals can simply reverse past decisions on a political whim.

 

I am no legal scholar either, but that is likely true only if they stick to the Constitution and legal precedents.  But why would they do that when they own the Supreme Court?  You can challenge a ruling, but the appeal decision will be referred to the Supreme Court where it will be rejected on ideological grounds.

[Ashley0616]

It doesn't make any sense as to go through all the trouble of this. The government should simply stay out of our lives. It's not like we are costing them anything. We all have insurance or something to cover it. I hope this gets defeated and the government should just let us live our lives peacefully. 

[Ivy]

6 hours ago, Ashley0616 said:

It doesn't make any sense as to go through all the trouble of this. The government should simply stay out of our lives.

Some people just have to f*@% with someone.

[Kristen Sehr]

1 hour ago, Ivy said:

Some people just have to f*@% with someone.

 

And some are just inhuman thugs, sociopathic bullies that cover up their inadequacies by attacking vulnerable and innocent people. Even worse is when they manage to get their grubby hands on power or authority, in turn magnifying the hurt they can cause. Which we are seeing being played out.   

[Ivy]

Yeah, if you want to go into detail.

[Ivy]

On 6/27/2023 at 9:33 PM, Ivy said:

My birth certificate is in NY state, so I doubt they will do this.  Of course I am still waiting on my corrected copy.  I'm kinda hoping I live long enough to see it.

It came yesterday.  So I did live to see it.

Happy Happy !

[Ivy]

Governor boldly defies Republican AG to protect trans people’s access to accurate birth certificates

 

https://www.lgbtqnation.com/2023/07/governor-boldly-defies-republican-ag-to-protect-trans-peoples-access-to-accurate-birth-certificates/

 

"Kansas Gov. Laura Kelly (D) has directed state agencies to continue to allow transgender citizens to change the gender markers on their birth certificates and driver’s licenses in defiance of Republican Attorney General Kris Kobach."

[Carolyn Marie]

1 hour ago, Ivy said:

"Kansas Gov. Laura Kelly (D) has directed state agencies to continue to allow transgender citizens to change the gender markers on their birth certificates and driver’s licenses in defiance of Republican Attorney General Kris Kobach."

 

This is great, as long as the legislature can't block it.  Since it's a dispute between state executives, I don't think they can.

 

Carolyn Marie

[Ivy]

I'm sure it will end up in court.

Here in NC the GOP legislature keeps stripping the governor's powers.

[Ivy]

I was born in NY State, and they did correct my birth certificate.  I live in NC, but I don't see anyway NC could invalidate a NY certificate.

 

I suppose the GOP could pass a federal law.  But of course they are against "big government"… right?