December 5, 2025

Kansas Attorney General, Kris Kobach, announced on Tuesday, October 28th, that Kansas has won a court case regarding the redefinition of “sex” under the Affordable Care Act. The U. S. District Court for the Southern District of Mississippi, agreed the Department of Health and Human Services unlawfully attempted to redefine “sex” to include “gender identity” and “sexual orientation”. Kobach filed the suit with other states in May of 2024. Kobach says the win reaffirms that federal anti-discrimination laws are meant to protect women, not force taxpayers to pay for gender transitions.

In its ruling, the court held that Congress only contemplated biological sex when it enacted Title IX in 1972. Therefore, the court finds that the Department of Health and Human Services exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender-identity discrimination.