Why We're Fighting Back Against HB 2426

NOTE: Provisions of HB 2426 have been codified into law via the passage of SB 244, most notably the revocation of identification documents with updated gender markers. Read more about the gut-and-go process that facilitated the relocation of HB 2426 contents to SB 244, effectively bypassing public opinion here. Read more about what the passage of SB 244 means here.

Across the country, legislation targeting trans and queer individuals has skyrocketed, and Kansas is no exception. On January 13th, only the second day of the Kansas House of Representatives’ 2026 legislative session, hearings about HB 2426 began. Its purpose, as it is presently written, is to ban gender marker changes on driver’s licenses so as to align with the definition of “gender” as biological sex at birth while undoing gender marker changes that have already been processed. Put plainly, any trans, intersex, or gender non-conforming individuals will face legal barriers in validating their identities, which has the possibility of increasing violence based solely in hate, repeatedly outing these individuals, and further restricting autonomy in a continued governmental effort to regulate diversity away. 

Proposed by Representative Susan Humphries (R), HB 2426 mirrors Attorney General Kris Kobach’s 2023 lawsuit targeting the same issue. Morgan Chilson’s analysis regarding the correlation of these two policies, via the Kansas Reflector, emphasizes Kobach’s recently failed appeal to said lawsuit as a potential origin for HB 2426’s introduction to the House. Having already been reprimanded by the Kansas Court of Appeals, it should be concerning to Kansans why Kobach and Humphries continue to push for something that only serves to propagate more division surrounding LGBTQ+ issues when HB 2426 exists so far outside the realm of concern for most residents’ day-to-day affairs. Regardless, proponents of the bill claim that official documents ought to showcase gender as biological sex at birth for safety in medical and legal scenarios; however, that logic fails under a modicum of scrutiny, when one realizes that gender and sex are distinct categories. While both sex and gender are government-regulated identities, “gender” typically refers to emotional and physical expression and feelings while “sex” typically refers to biological characteristics (gametes, external anatomy, chromosomes, etc.). Even that general definition of sex fails to include some intersex people, who might display biological characteristics of male and female sexes, leaving them stuck in the lurch. These categories are not interchangeable, and the possibility of overregulation after the passage of this bill extends far beyond DMV-issued licenses. 

The human toll looms large, but HB 2426 would also create a practical disaster. Invalidating documents retroactively will clog the DMV, wasting state resources and burdening already strained agencies. Democratic consequences could soon follow. For instance, discrimination and exposure become real possibilities when an individual presents mismatched identification. This, in turn, leads people to be less likely to vote or engage in activities requiring such presentations, ultimately alienating entire communities. Additionally, there are already countless examples of violence by police officers and state agents against queer and trans people. From the Lavender Scare to each years’ Pride parades, violent action against the LGBTQ+ community from officials is nothing new. Factoring in confusion between one’s gender marker and gender expression being misaligned seems like a foolproof way to perpetuate this aggressive cycle. The subtext of this legislation is evidence of unchecked bigotry, state surveillance, and mal-intent regarding voter suppression. 

From the perspective of Rainbow Foster Home Initiative, an additional worrying factor of this policy comes from whom it originates. Representative Humphries is a member of the Committee for Child Welfare and Foster Care. Her general efforts to restrict queer and trans peoples’ rights should cause pause regarding her role and actions in the Committee. Queer and trans youth are overrepresented in foster care compared to the general population; these young people already live under extreme state supervision, with limited autonomy over their self-expression — HB 2426 only deepens that control. Ultimately, this bill denies these youth the ability to have identification documents that reflect who they are, worsening mental health issues related to gender identity. Humphries ought to care more about a large percentage of her constituents that are negatively impacted by her direct actions.

For LGBTQ+ foster youth, mismatched IDs lead to outing in unsafe environments, such as homes, schools, healthcare capacities, and places of employment. Many studies point out the negative mental health impacts of denying individuals gender marker and name changes that align with their identity. Conversely, a study from Arjee Restar and their associates shows that granting LGBTQ+-affirming gender markers on state-issued documentation improves mental health outcomes. In the sample of trans and gender-nonconforming participants, individuals were sorted into groups based on whether their name had changed on zero, one, or more identification documents and if their gender marker had been changed on zero, one, or more identification documents (Restar, et. al, 2020). Participants were then asked to reflect on their self-declared mental state, specifically highlighting depression, anxiety, and global psychiatric distress. Across the board, more state-issued name and gender marker changes resulted in less adverse responses regarding individuals’ mental states. The average shift in recorded mental health responses after being granted validating IDs was a 15% difference increase. This showcases the positive results of the system we already have now with the Kansas DMV. HB 2426 only serves to upend this progress. Read more from the study here.

Speaking out against HB 2426 and similar legislation is critical to supporting queer and trans individuals across Kansas, and the nation. Luckily, this bill already has some intense opposition, with so much submitted testimony prior to the January 13th hearing that it was forced to be consolidated. Such high turnout in support of LGBTQ+ individuals should serve as an invigorating force, but that does not mean our efforts should stop there. By continuing to reach out to your representatives, peers, and loved ones, collective action can make a difference. To help quash HB 2426, talk to your representative today.

References

Austin, A., Craig, S. L., Matarese, M., Greeno, E. J., Weeks, A., & Betsinger, S. A. (2021). Preliminary effectiveness of an LGBTQ+ affirmative parenting intervention with foster parents. Children and Youth Services Review, 127, 106107. https://doi.org/10.1016/j.childyouth.2021.106107

Baams, L., Wilson, B. D. M., & Russell, S. T. (2019). LGBTQ Youth in Unstable Housing and Foster Care. Pediatrics, 143(3), e20174211. https://doi.org/10.1542/peds.2017-4211

Chilson, M. (2026, January 14). Proposed bill bans gender changes on Kansas driver’s licenses, birth certificates • Kansas Reflector. Kansas Reflector. https://kansasreflector.com/2026/01/14/proposed-bill-bans-gender-changes-on-kansas-drivers-licenses-birth-certificates/

Green, D., & Levy, M. (2012). The Effects of Voter ID Notification on Voter Turnout in the United States | The Abdul Latif Jameel Poverty Action Lab. Povertyactionlab.org. https://www.povertyactionlab.org/evaluation/effects-voter-id-notification-voter-turnout-united-states

HB 2426 | Bills and Resolutions | Kansas State Legislature. (2025). Kslegislature.gov. https://kslegislature.gov/li/b2025_26/measures/hb2426/

House | Kansas State Legislature. (2025). Kslegislature.gov. https://www.kslegislature.gov/li/b2025_26/chamber/house/

Restar, A., Jin, H., Breslow, A., Reisner, S. L., Mimiaga, M., Cahill, S., & Hughto, J. M. W. (2020). Legal gender marker and name change is associated with lower negative emotional response to gender-based mistreatment and improve mental health outcomes among trans populations. SSM - Population Health, 11, 100595. https://doi.org/10.1016/j.ssmph.2020.100595

Wiley, E., & Guzman, J. (2024). Stonewall, rebellion and pride: How police fail LGBTQ+ communities. Legal Defense Fund. https://www.naacpldf.org/pride-history-police-violence/