A federal judge is currently weighing arguments presented by Kansas Governor Laura Kelly, who contends that a recently implemented state law restricting transgender rights does not prevent the state from altering the sex designation on birth certificates for transgender individuals. On Tuesday, U.S. District Judge Daniel Crabtree granted Governor Kelly's office the right to defend its existing policy on birth certificate amendments, acknowledging their "friend of the court" arguments. This decision comes as Kansas Attorney General Kris Kobach asserts that the law, effective July 1st, prohibits such changes and mandates the reversal of any previously made.

The new law, passed by the Republican-led legislature despite Governor Kelly's veto, defines male and female based on sex assigned at birth for all state laws and regulations. Should Kobach prevail, Kansas would join Montana and Tennessee as one of the few states that do not allow these changes. The case is before Judge Crabtree because he is responsible for enforcing a 2019 settlement requiring the state to modify birth certificates for transgender individuals. Kobach argues that the new law invalidates this settlement and has requested the judge to revoke the order that made the agreement legally binding.

The 2018 lawsuit that resulted in the settlement was initiated by four transgender individuals and named three Kansas Department of Health officials responsible for birth certificate oversight as defendants, but not the governor. This necessitated Judge Crabtree's permission for Governor Kelly to present her arguments. In her filing accepted by Judge Crabtree, Governor Kelly's office argues that while the new law is discriminatory, the health department's practice of changing birth certificates is not a violation of the law. Separately, the four transgender individuals involved in the original lawsuit contend that the desire of some officials to discriminate against transgender people does not justify altering the terms of the settlement, asserting that such an outcome would undermine public trust in the court's ability to protect constitutional rights.

Attorney General Kobach is also challenging changes to sex designations on Kansas driver’s licenses in a separate state-court lawsuit.