By DAN MARGOLIES

Four transgender residents of Kansas sued the state on Monday, challenging its refusal to allow them to change the sex listed on their birth certificates.

The lawsuit, filed in federal court in Kansas City, Kansas, argues that Kansas’ policy violates the due process and equal protection clauses of the Constitution. It also argues that it violates the plaintiffs’ free speech rights under the First Amendment.

“I’m here to seek justice,” said Nyla Foster, a transgender woman and one of the plaintiffs. “My birth certificate does not reflect the gender I identify as, and I’m here to correct it so I can move forward with my life.”

Kansas, Ohio and Tennessee are the only three states that don’t allow people to change their birth certificates to reflect gender identities that differ from genders assigned at birth.

Although Kansas law does provide for the correction of a person’s gender identity – driver’s licenses, for example, can be amended – the Kansas Division of Vital Statistics claims it does not have the authority to amend birth certificates to account for gender transition.

The suit names as defendants Jeff Anderson, secretary of the Kansas Department of Health and Environment; Elizabeth W. Saadi, the Kansas state registrar; and Kay Haug, director of the state’s vital statistics office, a unit of the Department of Health and Environment.

Theresa Freed, a spokeswoman for the department, said the issue has already been litigated in a Kansas court.

“The court in that case determined that the amendment of a birth certificate regarding gender is not required,” Freed said in an email. “We would not be able to speak to the allegations of this particular lawsuit, as we have not yet been served.”

Freed was referring to a ruling in a case brought by Topeka resident Stephanie Mott, who sued the state in 2016 so that she could list her gender as female on her birth certificate. A Shawnee County judge ruled against her.

Freed added that the department doesn’t have the authority to change an individual’s birth certificate, “with the exception of minor corrections or by court order.”

“Gender identity would not be considered a minor correction,” she said.

In addition to Foster, the plaintiffs suing state officials are Luc Bensimon; Jessica Hicklin; an individual identified only as C.K.; and the Kansas Statewide Transgender Education Project Inc., better known as K-STEP. They’re represented by Lambda Legal, a national organization that advocates for lesbian, gay, bisexual and transgender people, and the law firm of Bryan Cave Leighton Paisner.

At a press conference in front of the federal courthouse in Kansas City, Kansas, on Monday, Omar Gonzalez-Pagan, an attorney with Lambda Legal, explained why the organization was challenging the state’s policy.

“A birth certificate is more than a piece of paper,” he said. “It is the quintessential identity document that follows a person from birth till death.”

Gonzalez-Pagan said birth certificates can determine access to education, employment, healthcare, travel and the ability to obtain other identification documents.

“It must reflect a person’s identity,” he said.

Lambda Legal filed a similar lawsuit in Ohio earlier this year. That suit came just weeks after a federal judge, in another lawsuit brought by Lambda Legal, found that Idaho’s refusal to allow individuals to change the sex on their birth certificates violated the equal protection clause.

Foster said she was challenging Kansas’ policy “because it is the last document that doesn’t reflect who I truly am.”

“It creates different barriers for me as far as getting a job, applying for housing or health insurance,” she said.

Luc Bensimon, Foster’s fellow-plaintiff, said the state’s policy made it easier for people to discriminate against him, “on top of the discrimination I already confront based on my disability.”

Bensimon has a mild form of cerebral palsy.

“It’s frustrating,” he said. “For me, it’s not about the individuals here but about the generation coming up.”

In recent years, Kansas has been hostile to the idea of expanding legal protections to include LGBT individuals.

In August, Kansas joined 15 other states in asking the U.S. Supreme Court to rule that it’s legal to fire people for being transgender.

And in 2015, then-Gov. Sam Brownback rescinded an executive order by former Gov. Kathleen Sebelius offering legal protection against discrimination to LGBT employees of the state.

Pedro Irgonegaray, the attorney who represented Stephanie Mott two years ago in her unsuccessful effort to amend her birth certificate, described Kansas’ LGBT policies as “regressive, abusive, uneducated and misguided.”

“We need to be more enlightened in how we deal with transgender individuals,” he said. “Unfortunately, transgender individuals, females, in particular, are the subject of abuse, violence, for no other reason than that their gender identity is incongruent with their sexual organs. And until we evolve as a state to set aside superstitions about transgender individuals and recognize the science involved, I fear that these abuses are going to continue.”

Dan Margolies is a senior reporter and editor in conjunction with the Kansas News Service. You can reach him on Twitter @DanMargoli

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KANSAS CITY, Kan. (AP) — A federal lawsuit is challenging a Kansas policy that prohibits changing the gender designation on birth certificates for transgender people.

Lamba Legal says Kansas is one of three states, along with Tennessee and Ohio, with similar policies.

The lawsuit was filed Monday on behalf of four people and the Kansas Statewide Transgender Education Project. It seeks an order forcing state officials to provide birth certificates that reflect a transgender person’s sex consistent with their gender identity.

The Kansas Department of Health and Environment said in an email that the issue was previously litigated in a state court.

Its spokeswoman said the department does not have the authority to change a birth certificate except to make minor corrections or by a court order. Gender identity is not considered a minor correction.

TOPEKA —Four Sumatran tiger cubs were born Monday at the The Topeka Zoo and Conservation Center. Zoo staff and around 400-600 people watched the birth live from streaming web cams available here.

Second time mother Jingga is doing a perfect job taking care of the litter.  Immediately after each was born, she began cleaning them and helped them into position to nurse.

The pairing between 8 year old Jingga and 7 year old, Sanjiv, was recommended by AZA’s Tiger Species Survival Program.  Sanjiv is a first time father.  Sumatran tigers live solitary lives in their range territories and he won’t have an active role in raising the cubs.

“Our Sumatran tigers represent one of our most well rounded conservation programs,” said Zoo Director Brendan Wiley. “We actively participate in breeding a critically endangered species and our community supports active conservation initiatives in their range territory.”

The cubs are currently in a den box inside the tiger building. Most of their first three months will be spent inside either in or near the den box.  “When they get to be about three months old, they are typically big enough and steady enough to begin venturing outside when the weather is warm enough.  They are after all tropical tigers,” said Wiley.  Until they start venturing outside, the KTWU live streaming web cams will be the best way to see them. 

If Jingga cooperates, the cubs will be weighed Tuesday. One key health indicator is weight gain and their weight at one day old will serve as the base line data. 

Sumatran Tigers are the smallest of the tiger species and are critically endangered. There are less than 500 left in the wild.  There are thirty zoos in North America that are working with Sumatran tigers.  Collectively they manage a population of about 78 tigers with a goal of getting the population up to 150 animals.  At 150 animals, it is estimated that healthy genetic diversity could be managed for 100 years.  During that 100 year time frame, it is hoped that zoos can fix enough of the issues in their range territories to make it safe enough to begin reintroducing tigers back into the wild.

WICHITA – A man on Monday admitted he was armed while selling a dangerous mixture of fentanyl and heroin, according to U.S. Attorney Stephen McAllister.

Adrian Lashawn Perkins, 41, Garden City, Kan., pleaded guilty to one count of unlawful possession of firearms in furtherance of drug trafficking. The case began when Perkins sold drugs to undercover investigators.

When they served a search warrant at Perkins’ apartment, investigators found packages of fentanyl-laced heroin and four guns including a 9 mm handgun on the floor, a .22 caliber pistol under a couch, a 9 mm handgun under the mattress at the foot of a bed, and a 9 mm handgun in an unlocked safe next to the bed.

Fentanyl is a powerful synthetic opioid that is considered dangerous even in small amounts. The Justice Department has issued warnings to first responders urging them to protect themselves from exposure to it.

Sentencing is set for Jan. 3. The parties have agreed to recommend a sentence of seven years in federal prison. McAllister commended the Garden City Police Department, the Finney County Sheriff’s Office and Assistant U.S. Attorney Matt Treaster for their work on the case.

WICHITA, Kan. (AP) — Records show that a Wichita woman had fled with her six children and summoned police three weeks before her estranged husband ran her off the road, shot and killed her.

Wichita police and court records show 33-year-old Kristin Florio-Gile had taken at least three steps to protect herself and her children from Randy Gile. Florio-Gile was killed on Oct. 6 before Gile shot himself.

Her family says the system failed Florio-Gile.

Records show Wichita police arrested Gile for felony aggravated assault after he threatened Florio-Gile on Sept. 15. He bonded out of jail within a day.

Police had an order to arrest him again in early October for allegedly violating a protective order. The appointment for considering charges was Oct. 10, four days after Florio-Gile was killed.

SALINE COUNTY — Law enforcement authorities are investigating four suspect on drug charges.

Following a lengthy investigation by the I-135/I-70 Drug Task Force, a Salina Police Department SWAT Team and the Kansas Highway Patrol served a search warrant at the Econo Lodge in the 600 Block of Westport Boulevard in Salina, according to Captain Paul Forrester.

During the search, officers located a stolen motorcycle and seized methamphetamine, marijuana, and drug paraphernalia.

Police arrested Kaytlan Tanner, 23, Salina, on one count of possession of marijuana, and two counts of possession of drug paraphernalia. Justin Seaman, 41 Salina, was charged with one count of distribution of methamphetamine, one count of possession of stolen property, one count of possession of a depressant, two counts of possession of drug paraphernalia, and one count of no drug tax stamp.

Clarence Douglas, a 51-year-old male from Salina, was charged with one count of possession of methamphetamine and one count of possession of drug paraphernalia.

Brannon Burns, 32, Lubbock, Texas, was charged with one count of possession of methamphetamine, one count of possession of marijuana and two counts of possession of drug paraphernalia.