A Kansas Trans Woman Gets Her Driver’s License Back After Legal Challenge
Despite having a driver’s license that correctly reflects her gender since 2017, Jamie Miller received notice in February that her license would be invalidated.
A transgender woman in Kansas has had her driver’s license reinstated after she challenged a state law that restricts gender markers on them.
Jamie Miller has had a driver’s license that correctly reflects her gender since 2017, according to the Kansas Reflector.
However, in February, she received notice that her license would be invalidated within two days, the outlet reports. There was no option to appeal, even though state policy allows it.
Under a new law passed this year, Kansas residents can only have licenses that reflect their gender assigned at birth. Protests erupted at the state capital after the Republican-controlled legislature passed the bill, then overrode the governor’s veto.
Miller received other letters over the next couple of months about the validity of her license.
It’s this confusion that led Douglas County District Judge James McCabria to decide on August 17 that the agency behind the letters, the state’s Revenue Department, had violated her due process.
He wrote that the logic of the letters was “‘your license will be invalid in two days, you can appeal, no, wait, your license isn’t invalid yet, you can appeal, no, wait, your license has been invalidated because you didn’t do anything to appeal but if you want to appeal, call us.’ ”
McCabria didn’t rule on the law itself, and the ruling only applies to Miller.
The judge merged Miller’s case with another challenging the law. The challenge includes a complaint against the state’s anti-trans bathroom law in addition to the driver’s license restriction.
Under the state’s anti-trans bathroom law, public places could face fines for not following the law — up to $125,000. And trans people could be fined and charged with a misdemeanor for violating the law.
A trial is scheduled for September 29.
