How to change Kansas IDs to reflect your gender identity before new ban takes effect
Update: On Monday, July 10, a Shawnee County District Court judge ordered the Kansas Department of Revenue to immediately stop processing any gender marker change requests for driver’s licenses.
A new Kansas law set to go into effect on July 1 will define gender according to reproductive anatomy at birth and make it nearly impossible to change one’s gender marker on state-issued IDs.
This will pose a challenge to transgender and nonbinary Kansans hoping to update their drivers’ licenses and other documents to better reflect their gender identity, according to local advocates and lawyers. The law also restricts Kansans from using single-sex spaces like restrooms, locker rooms, crisis shelters and other resources that don’t align with their sex assigned at birth.
In response to the new law, which passed when legislators overruled Democratic Gov. Laura Kelly’s veto, resource groups in Kansas have been offering assistance to those hoping to update their IDs before it goes into effect.
“We’ve had a huge influx of folks looking for help,” said Ellen Bertels, an attorney with the nonprofit Kansas Legal Services who specializes in ID changes. She added that the ability to update one’s ID isn’t just about semantics — it’s about safety.
“When folks are unintentionally outed because they don’t have IDs that match their gender identity, they are exposed to much higher levels of harassment, violence (and) discrimination,” she said.
Bertels told The Star that there are two main documents that transgender Kansans may want to update before the law goes into effect in July: their birth certificates and their driver’s licenses.
How do I change my gender on a Kansas birth certificate?
Changing the gender marker on your Kansas birth certificate is a relatively simple process that just involves filling out and mailing in paperwork, Bertels told The Star.
Kansans need to fill out and sign two forms: an application for amendment and an affidavit that must be notarized. You can find a notary at your local library or post office — they must witness you sign the affidavit before they can notarize it, so be sure to leave the signature line blank until your appointment.
Applicants for a birth certificate change must then submit these forms to the state’s Office of Vital Statistics along with a copy of a current ID, a check or money order for $40 and “proof of a gender marker change.” For this “proof” you can submit one of three documents:
A driver’s license or state-issued ID from any state (not just Kansas) that has your updated gender marker on it.
A U.S. passport with your updated gender marker on it (more on this later).
A letter from a “licensed health care or mental health care provider” with whom you have a doctor-patient relationship saying that it’s appropriate for your gender marker to be changed.
The last option is the most common one, and it’s the one Bertels says that Kansas Legal Services is steering patients toward as the new law looms because it is the quickest and cheapest to obtain.
This letter can come from a doctor, a nurse practitioner, a psychologist or psychiatrist, a social worker or another licensed professional who can attest to your gender identity. This expert can be based in any state, not just Kansas.
Once you have gathered all the forms and documents required, there are two ways to submit them. If you’re within driving distance of Topeka, you can submit them to the Office of Vital Statistics for processing in person. The other option is to mail them in.
Bertels says that the turnaround time for mailed applications is generally around three to four weeks. With only 53 days left until the new Kansas law goes into effect, she recommends applicants start this process as soon as possible.
How do I change my gender on a Kansas driver’s license?
Kansans seeking a new driver’s license or non-driving state ID must apply for one at the DMV. Like the birth certificate process, they must bring a “proof of a gender marker change” — but the documents that count as “proof” are slightly different. Applicants need one of the following:
A U.S. passport with your updated gender marker on it
An updated birth certificate with your correct gender marker on it, obtained using the instructions above
A permission letter from Kansas’ Driver Services Department to change your ID marker
Once again, the third option may be the easiest to obtain under time pressure. You can get this letter using the instructions on page 4 of this document.
Bring this proof of your gender marker change to the DMV along with the other documents required to apply for a driver’s license. These include a proof of legal residency in the U.S., proof of your social security number, two documents proving your address and your old driver’s license if you have one.
View the full list of acceptable documents here. You will also need to pay a fee of around $50 for your new license. You can pay using a credit card, debit card or check.
How else will Kansas’ gender law affect ID changes?
Bertels noted that Kansans will still be able to change their legal names and update their federal documents after the state’s new law goes into effect on July 1. Here’s what we know so far:
Kansas name changes: Bertels says that nothing in the new law indicates that Kansans will face restrictions around changing their legal names or updating them on state documents. Here’s how to change your name on your Kansas driver’s license.
Passports: Kansans can still change their gender markers on their passports because this is a federal document not subject to Kansas’ laws. As of 2021, you no longer need to provide any medical paperwork or “proof” of your gender in order to change your gender marker.
Here’s how to update your passport. Currently you can only choose the gender markers M or F, but a third gender-neutral option, X, is in the works to roll out later this year.
Social Security: Kansans can still change their gender markers with the Social Security Administration because this is a federal agency not subject to Kansas’ laws. The agency does not require medical paperwork or other documentation in order to change your gender marker. Learn how to update your name and/or gender marker here.
Do the gender markers on my federal and state IDs have to match?
Bertels told The Star that there’s no legal requirement for the gender markers on someone’s state IDs to match the gender on their federal IDs.
Having mismatched gender markers can lead to challenges while traveling or applying for government programs — but federal documents can be updated at any time with relative ease, she said.
“I do recommend that folks try to get all their documents in line because it really can make life quite a bit easier,” Bertels said. “(But) there’s no need to do it immediately. You can wait until after that July 1 deadline, and use your energy on correcting your state documents with the time that you have.”
Do you have more questions about ID laws in Kansas or Missouri? Ask the Service Journalism team at kcq@kcstar.com.
This story was originally published May 10, 2023 at 12:49 PM.
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