Gov. Laura Kelly issued a directive that allows agencies under her control to defy a legal opinion issued earlier this week by Republican state Attorney General Kris Kobach, telling them to follow their lawyers’ narrower view of the law. Kobach has told reporters that if Kelly’s administration did not follow his opinion, he might sue her.
The new law is set to take effect Saturday and legally defines a person’s sex as male or female based on their “biological reproductive system” at birth, a standard that would apply to “any” law or state regulation. Kansas driver’s licenses and birth certificates list a person’s sex, and Kobach said they can’t contradict what doctors assigned at birth.
He also said the state must undo changes in its records — more than 1,200 in the past four years. Lawyers in Kelly’s administration rejected that idea, saying the law is not retroactive.
Kelly, a strong supporter of LGBTQ+ rights, took office in 2019 after defeating Kobach, then the Kansas secretary of state, for her first term. Kobach narrowly won the attorney general’s race last year.