03/05/2026
Come on injunction!
A Kansas judge has scheduled a hearing for Friday (6 March) to discuss a lawsuit challenging Senate Bill 244, which invalidates driver’s licenses and birth certificates for individuals who changed their gender marker and imposes restrictions on bathroom usage based on s*x assigned at birth.
Two transgender men from Lawrence, KS filed the lawsuit, claiming the law violates their constitutional rights, potentially exposing them to harassment, violence, and negative impacts on their mental health and employment. The plaintiffs are represented by attorneys from the ACLU and the law firm Ballard Spahr.
During a scheduling conference on Tuesday (3 March) in Douglas County District Court, Judge James McCabria set a hearing for Friday afternoon to hold oral arguments on a motion by plaintiffs for a temporary restraining order.
McCabria acknowledged a restraining order would be an “extraordinary remedy” for a law that has “broad application.” He noted the ruling would not be “a determination of final merits” in the case, and that he could continue to “weigh things later.”
The law, which took effect on 26 February, faced opposition for its fast-tracked passage by a GOP-led Legislature, which dismissed concerns regarding costs, potential harm to transgender individuals, and constitutional implications.
The law includes a provision allowing individuals to sue those they believe have violated bathroom use regulations, potentially leading to significant fines for public entities who fail to enforce these rules.
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