Texas bans trans people from changing the gender markers on their licenses

A close-up of a sample Colorado driver’s license with an “x” indicating gender. Photo: Colorado Department of Taxation

Transgender people in Texas can no longer amend the gender field on their driver’s licenses to match their gender identity. Texas Tribune I will report.

According to internal Department of Public Safety emails, even if a transgender person presents a state-certified court order or amended birth certificate, they cannot change the gender on their driver’s license unless the state made a clerical error.

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Sheri Gipson, chief of the Texas Department of Public Safety’s Driver’s License Division, said: KUT News on wednesday.

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“The Office of the Attorney General (OAG) recently raised concerns about the validity of court orders directing state government agencies to change an individual’s gender on government records, including driver’s licenses and birth certificates,” a Department of Public Safety spokesperson said Wednesday.

“Neither DPS nor any other government agency was a party to the proceedings leading to the issuance of these court orders, and the absence of legislative authority and evidentiary standards for the court to issue these orders necessitated a comprehensive legal review by DPS and the OAG.”

“As such, DPS will no longer accept these court orders as a basis for changing gender identification on department records, including driver’s licenses.”

The policy change means vulnerable Texans will be at increased risk of harassment and discrimination in a variety of settings, from job hunting to going to the airport. About 93,000 people are expected to be affected.

“Just as someone who changes their name after marriage wants their correct name on their license, transgender Texans want their driver’s license to reflect their gender,” said Brad Pritchett, interim chief executive officer of LGBTQ+ advocacy group Equality Texas. “We use identification in every aspect of our lives: driving, voting, employment. Having identification that reflects who you are is a fundamental form of dignity that many of us take for granted.”

“Texans will be subject to mandatory surveillance simply for attempting to update their government documents,” Pritchett said. Another statement. “There is no clear reason why this information would be useful to DPS, nor is there any justification for denying a driver’s license gender update.”

Ian Pittman, an Austin attorney who advocates for transgender people in Texas, has begun advising his clients not to file court orders with the state because of the changes, fearing they could be targeted.

Texas has already passed a ban on gender-affirming medical care for minors, and Pittman worries that it could be extended to transgender adults in Texas. She said the change “would put people on a list that could potentially compromise their medical care.”

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