Latest news with #KansasCourtofAppeals
Yahoo
13-06-2025
- Politics
- Yahoo
Kansas attorney general blocked from denying gender changes on driver's licenses
KANSAS CITY, Mo. — A Kansas state appeals court has reversed a district court decision barring the Kansas government from making changes to gender markers on driver's licenses, the American Civil Liberties Union (ACLU) announced Friday. In July 2023, Attorney General Kris Kobach filed a lawsuit in state court against the Kansas government agency that issues driver's licenses, asking the court to hold that a state law, Senate Bill 180, prohibits transgender people from changing their gender markers on their driver's licenses. A trial judge granted a temporary injunction, which has blocked the Kelly administration from allowing gender marking changes while the case goes forward. The ACLU of Kansas, the ACLU and Stinson LLP intervened in the case on behalf of five transgender Kansans who claim to have been harmed by Kobach's effort to ban and reverse changes to the gender markers on their driver's licenses. Missouri Governor Mike Kehoe activates National Guard, declares State of Emergency On Friday, in a unanimous ruling by a three-judge panel, the Kansas Court of Appeals lifted the trial court's injunction, which has prevented transgender people from changing the gender markers on their driver's licenses to reflect their gender identity. The court observed that there was no evidence 'beyond mere speculation' to support the trial court's finding that allowing transgender people to change their gender markers would somehow impair the identification of criminal suspects. The Kansas Court of Appeals also determined that Kobach had not shown a substantial likelihood of his view that S.B. 180 requires all new and renewed driver's licenses to list the driver's sex assigned at birth. As of Friday, the temporary ban is reversed, and the Kansas Department of Revenue may resume allowing Kansans to change their gender markers on their driver's licenses. The attorney general has thirty days to appeal the court's decision. 'Being required to use a license with the wrong gender marker has already meant that transgender Kansans have been outed against their consent in their daily lives,' said D.C. Hiegert, Civil Liberties Legal Fellow for the ACLU of Kansas. 'We commend the incredible courage and sense of community our clients have had in standing up to this attack on all of our fundamental rights.' 'Today's decision is a welcome victory for our clients and the rights of all people to safe, usable identity documents,' added Julie Murray, co-director of the ACLU's State Supreme Court Initiative. 'The Attorney General's move to target transgender people in this way has always been baseless and discriminatory. As this case returns to the lower courts, we will continue to defend the ability of all Kansans to access driver's licenses that reflect who they know themselves to be.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-06-2025
- Politics
- Yahoo
Kansas appeals court ruling restores ability to change gender markers on driver's licenses
Kansas Court of Appeals Judge Karen Arnold-Burger questions an attorney during a Jan. 27, 2025, hearing in a dispute over whether Kansans can change their gender markers on driver's licenses. (Thad Allton for Kansas Reflector) TOPEKA — A three-judge appeals court panel on Friday cleared the way for Kansans to resume changing their gender markers on driver's licenses, rejecting arguments made by Attorney General Kris Kobach and overturning a lower court ruling. The Kansas Court of Appeals panel ordered the case return to the district court level to be heard by someone other than Shawnee County District Judge Teresa Watson, who abused her discretion and committed legal and factual errors, according to the Friday ruling. Judges Karen Arnold-Burger, Stephen Hill and Sarah Warner determined the state would suffer no harm by allowing transgender residents to be identified by their 'gender,' which is a personal identity or expression, rather than their 'sex,' which relates to reproductive systems. Kobach's office had argued that the two terms are interchangeable. The Legislature passed a law in 2023 that requires vital statistics to recognize a person's biological sex at birth. Kobach sued the Kansas Department of Revenue for continuing to allow transgender residents to change the gender markers on their driver's license, as the office had done since at least 2007. From 2011 to 2022, KDOR issued 9,316,937 driver's licenses. During that period, 380 drivers changed their gender marker. Watson in 2023 issued a temporary injunction to block changes in gender markers on driver's licenses. The appeals court, which heard arguments in January, removed that injunction and replaced it with an order to allow changes. Watson, the higher court said, had committed a legal error by concluding, without any support, that Kobach's mere allegation that KDOR was violating state law had established irreparable harm. Additionally, the higher court faulted Watson's conclusion that changing a gender marker could hinder law enforcement officers. 'The problem with the district court's finding is that the AG presented no evidence to support this claimed injury beyond unsubstantiated speculation,' Arnold-Burger wrote on behalf of the appeals court panel. In fact, she wrote, 'the evidence was overwhelming that there was no harm.' At the district court level, Shawnee County Sheriff Brian Hill testified that one time, he didn't say when, he arrested a transgender woman who told him that she was a man. One of the problems with that example, Arnold-Burger wrote, is that he relied on the individual's 'outward appearance,' not their driver's license. And, she wrote, the same mistake could be made for any cisgender woman who appears less feminine and more masculine than the average woman. Additionally, the sheriff's gender confusion didn't prevent the arrest or immediate discovery of the person's identity. And, Hill acknowledged that law enforcement officers can't always rely on a driver's license anyway because people change their names. 'The district court committed an error of fact by concluding that there was evidence — any evidence beyond mere speculation — to support a finding that law enforcement would be immediately hindered in the identification of suspects, victims, wanted persons, missing persons, detainees, and others if the driver's license did not display the driver's sex assigned at birth,' Arnold-Burger wrote. The appeals court ruling also noted that the Kansas Supreme Court has recognized a distinction between 'sex' and 'gender' since at least 2002. And it determined that Kobach was unlikely to prevail in the case. The appeals court panel ordered the case return to the district court level for a hearing before a new judge. 'Because of the district court's abuse of discretion, the KDOR has been unable to issue reclassifications of gender designations on Kansas driver's licenses for two years while this litigation languished,' Arnold-Burger wrote.
Yahoo
09-04-2025
- Yahoo
Kansas courts engage college students with live hearings
PITTSBURG, Kan. — The Kansas Judicial System brings the court to the people—to show how the system works. A three-judge panel from the Kansas Court of Appeals heard two cases this morning—at Pittsburg State's McCray Hall. The appellate court is a traveling court—but they usually hear cases in county courthouses. Kansas authorities poked fun at owner of crashed car, stolen guns… saying 'Heyyy…' Southeast Kansas museum teams with PSU for digital growth Southeast Kansas educators tap into Library of Congress resources Pittsburg man arrested in weekend shooting investigation Kansas firefighters train for safety and leadership in Girard After the two hearings—Judges answered questions from students. This is part of an effort by the court to build a better relationship with college and university students—along with the public. Chief Judge Sarah Warner—a Pittsburg native—says it could be a key part of inspiring the next generation. 'To be able to have these conversations with students who are interested in the judicial system, who are engaged with it, who perhaps are thinking about going to law school, what a wonderful way to spend the day,' said Chief Judge Sarah Warner, Kan. Court of Appeals At the same time—other three-judge panels heard cases at Emporia State University, Fort Hays State University and Johnson County Community College. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
25-03-2025
- Politics
- Yahoo
Senate panel advances southeast Kansas judge nominated for state Court of Appeals
Judge Lori Bolton Fleming testifies March 24, 2025, before the Senate Judiciary Committee on why she should be a Kansas Court of Appeals judge. The committee unanimously recommended her. (Grace Hills/Kansas Reflector) TOPEKA — A Republican-dominated Kansas Senate committee on Monday advanced a district judge nominee from Democratic Gov. Laura Kelly for the Kansas Court of Appeals. Judge Lori Bolton Fleming now awaits a vote of the full Senate for confirmation. Kelly appointed Bolton Fleming to replace the retired Judge Henry Green Jr., who is the longest-serving judge on the Kansas Court of Appeals. Kelly selected Bolton Fleming from three nominees put forward by the Court of Appeals nominating commission. Bolton Fleming has been the chief judge for the 11th Judicial District — which includes Cherokee, Crawford and Labette counties in southeast Kansas near the Kansas and Oklahoma borders — since 2021. She has served as a judge there since 2012, when she was appointed by Republican Gov. Sam Brownback. In 2023, the Kansas Supreme Court appointed Bolton Fleming to the Rural Justice Initiative, which focuses on fulfilling legal needs in less populated parts of the state. Her focus in that role has been growing the number of attorneys in those communities. 'Our appellate courts are best served by having people serve from all parts of the state,' Bolton Fleming said during testimony before the Senate Judiciary Committee on Monday. After spending her entire legal career in southeast Kansas, Bolton Fleming would be one of few rural voices on the Kansas Court of Appeals. The majority of the justices come from Wichita, Topeka or Kansas City. Ranking Minority Member Democrat Sen. Ethan Corson of Prairie Village noted that there hasn't been a judge on the Kansas Court of Appeals from the 11th district since 1978. 'I do think it's important just for our citizens that we have geographic diversity on the court of appeals,' Corson said. Bolton Fleming has been invited to sit with the Kansas Court of Appeals as well as the Kansas Supreme Court to help make decisions on cases, according to Kelly's press release. She also has delivered 38 opinions on cases as an assigned appellate judge. Sen. Craig Bowser, a Republican from Holton, asked Bolton Fleming during Monday's hearing how he should respond when other senators ask why they should vote for her. 'So, I've actually done the work that I would be doing as a court of appeals judge, and I've actually done it while working full time as a district court judge,' Bolton Fleming said. 'One of the times that I handled a court of appeals docket, I was actually handling a high-level felony jury trial. I would handle the trial during the day and I would write at night. I think it speaks to my work ethic as well.' When senators on the judiciary committee asked Bolton Fleming's opinion on certain cases, she always answered the same: 'Courts don't make law.' Sen. Kellie Warren, a Republican from Leawood, referenced an executive order from President Donald Trump ordering the federal government to recognize only two biological sexes. The legal fate of that order — one of several attacks on the rights of LGBTQ people in the U.S. since Trump took office in January — is playing out in the courts. 'I'm thinking Kansans might want to hear from you, and directly, what your thoughts on how you would answer the question, 'What is a woman?' ' Warren said. 'Again, courts don't make law,' Bolton Fleming said. 'So if the executive branch or legislative branch has created a law or administrative order, it's not really before the court to answer that. We leave that to the people, through the elected representatives. That's certainly not an issue that's come up in front of me.' When Sen. Jeff Klemp, a Republican from Lansing, asked if Bolton Fleming has ideas on how the judicial system should change, she acknowledged the Kansas Legislature's recent approval of a constitutional amendment that would make seats on the state Supreme Court elected positions. But she reiterated that as a judge, she would not weigh in on the matter. 'The idea is that the government belongs to the people, the people through their elected representatives — all of you — have decided to propose a method to the public, and they will vote, and that is a very democratic process,' Bolton Fleming said. Before going to law school, Bolton Fleming was an English teacher at Fort Scott High School. Bolton Fleming says she was inspired to attend law school by some of her students, who lived in foster care homes. 'As I got to know them and hear their stories, it occurred to me that their stories may have had a different ending with someone in their corner,' Bolton Fleming said.
Yahoo
05-03-2025
- Politics
- Yahoo
Gov. Kelly appoints Lori Bolton Fleming to Kansas Court of Appeals
KANSAS — Governor Laura Kelly appoints a southeast Kansas woman to the Kansas Court of Appeals. Judge Lori Bolton Fleming has served as the chief judge of the 11th Judicial District since 2021, overseeing five courthouses in Cherokee, Labette, and Crawford counties. She created the district's first recovery court, for which she serves as administrator. Community support helps provide pet food relief in Southeast Kansas Fort Scott honors Prof. Hawkins' dedication to African American education Neodesha residents should avoid this contaminated stream Bolton Fleming has previously been invited to hear and decide cases with the Kansas Court of Appeals and the Kansas Supreme Court, rendering 38 opinions as an appellate judge. Her appointment will now go to the Kansas Senate. If confirmed, she will fill the vacancy left by retiring Judge Henry Green Jr. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
