Kansas AG offers to delay enforcement of anti-trans law until March 26 while judge weighs challenge

Douglas County District Judge James McCabria talks with attorneys during a hearing on Kansas' new law that restricts transgender individuals to using their biological sex at birth on documents and when they use restrooms in government office buildings. March 6, 2026 (Photo by Sherman Smith/Kansas Reflector)

LAWRENCE — Kansans won’t know until at least Tuesday if a judge will delay implementation of the state’s new “bathroom law,” but a concession by Attorney General Kris Kobach means key components of the law can be delayed until March 26.

Douglas County District Judge James McCabria heard arguments Friday about Senate Bill 244, the controversial new law that forces people to use bathrooms in government buildings and gender markers on driver’s licenses based on sex assigned at birth.

The three-hour hearing focused on technicalities, including whether the law meets any one of five specific criteria that would lead the judge to approve a temporary restraining order and pause enforcement of the law for up to 14 days.

Attorneys with the American Civil Liberties Union and the Kansas Department of Administration  said the law’s speedy implementation provided no grace period to Kansans needing a new driver’s license and for government leaders statewide to put a system in place for tracking bathroom usage.

The law took effect Feb. 26, a little over a week after the GOP-led Legislature overrode Gov. Laura Kelly’s veto. Kansans who held driver’s licenses with a gender marker that didn’t match their sex at birth were told their licenses were immediately invalidated and government leaders statewide were told they had to immediately enforce the bathroom portion of the bill.

Kobach told McCabria he agreed to give Kansans who needed to update driver’s licenses until March 26 to complete that. He also said he wouldn’t enforce the law’s penalties — which could be as high as $125,000 per day for violations — for cities, counties, municipalities and schools that might violate the bathroom rules, as well.

Harper Seldin, senior staff attorney for the American Civil Liberties Union, talks to reporters after a Douglas County District Court hearing on March 6, 2026. Seldin asked the judge to place a temporary restraining order on the state to stop implementation of a new law that forces Kansans to use bathrooms and have documentation in their biological sex at birth. (Photo by Sherman Smith/Kansas Reflector)

Harper Seldin, an ACLU attorney representing the two Lawrence transgender men who brought a case against the law under pseudonyms Daniel Doe and Matthew Moe, told the judge the law violates the Kansas Constitution.

SB 244 infringes on the rights of personal autonomy, expectations of privacy, and equal protection under the law, and has other issues, he said.

“The attorney general is incorrect when he says that we’re asking the court to break new ground,” Seldin said. “This is not a novel set of theories that require the government to do anything. The thread through these individual rights claims is that this is about Daniel and Matthew’s right to be left alone by the government.”

Seldin also said the law targets transgender individuals, which can be shown by the results of its implementation even if it’s not stated outright. He said the way SB 244 was implemented violated the Kansas Constitution when the bathroom portion of the bill was “logrolled” into the bill that originally addressed driver’s license and birth certificate gender markers.

Logrolling refers to dropping a bill into an unrelated bill, sidestepping the opportunity for public input. Seldin said cramming two separate subjects into one law violates the Kansas Constitution, which has a “single subject” clause.

Kobach said the two issues are congruent in that they both deal with defining sex within Kansas government.

“It’s this idea that bills should mean what they say and say what they mean,” Seldin said. “There’s a particular perniciousness to a law that hides the law.”

Kobach told the judge that a driver’s license is a government document, used for government purposes, and the state has the right to define the information contained in the document.

McCabria questioned Kobach about briefs included in the plaintiff testimony outlining the negative psychological effects on transgender people being made to use documents that don’t match their gender identity.

“Whatever a person may feel about their need to be perceived by the world in a certain way, what right do I have to compel the government to identify me in that way?” McCabria asked.

Kansas Attorney General Kris Kobach argues against a restraining order before a Douglas County District Court judge on March 6, 2026. The case was filed by two men opposed to Kansas’ new law forcing transgender people to use their biological sex at birth when using the restroom or on state documents. (Photo by Sherman Smith/Kansas Reflector)

Kobach said the driver’s license is a document that records pertinent information, and sex is one of the elements, along with eye color and birthdate, that doesn’t change over time.

Kobach said the bathroom portion of the bill maintains the status quo in Kansas, where he contended residents have always gone to the bathroom that matches their biological sex at birth.

Seldin said trans people in the state have been going to the bathroom without any harms for decades.

Kobach said women who hear a man’s voice or see a man in private spaces could become anxious about their safety.

He acknowledged plaintiff’s assertions about the psychological or emotional harm they may suffer but told McCabria that in a balance of equities, that didn’t outweigh the harms of “99-plus percent of the population.”

When McCabria asked him to substantiate that number, Kobach said he didn’t mean to imply that everyone outside of transgender individuals were harmed by the law.

“Many courts have recognized the fear that ‘biological females’ have when a ‘biological male’ is in the bathroom with them, and that is something that I think any Kansan can identify with, especially a female,” Kobach said after the hearing.

Asked how women would be affected by seeing or hearing a transgender man who now has to use a woman’s bathroom, Kobach said, “All kinds of hypothetical cases are possible.”

McCabria said he had hoped to make a ruling Friday but that he needs more time to study the filings in the case and examine constitutional issues. He said he expects to rule by Tuesday.

“I think most people want to be respectful,” Seldin said after the hearing. “I think most people don’t want to pry into other people’s private lives. I think a law like this suggests the opposite, that Kansans have some prurient interest in other people’s habits and private spaces. And I don’t think that’s right.”

Z Kemp, left, and Avie Fallis attended a Douglas County District Court hearing March 6, 2026, about Kansas’ new law because it affects them and their loved ones. The law forces people to use the bathroom related to their biological sex at birth and to put that sex marker on their driver’s licenses and birth certificates. (Photo by Sherman Smith/Kansas Reflector)

Z Kemp attended the hearing because her partner and many friends are affected. She said the law has caused “a lot of stress and anxiety.”

“That’s just unnecessary because as they’ve stated before, there was — especially with the bathroom situation —- no prior problem,” she said. “It’s only a problem whenever you make it a problem. I don’t think it’s that radical to just let trans people be. Just let them go to the bathroom.”

Avie Fallis said she has been through a lot of physical and legal changes to find herself. She said she is tired of well-meaning people recommending that she leave Kansas, which is her home state where her family and loved ones live.

“I feel like it’s a fire that’s just growing,” she said. “I’m not going to run away from fire. I feel like it should be extinguished.”