This blog originally appeared at LGBTQ NATION.

Individuals attempting to change their gender will be entered into a database accessible by state Republicans.

According to KUT, transgender Texans can no longer update the gender marker on their state IDs, even if they have a court order or an amended birth certificate. The only exception is if the change is proven to be a clerical error. However, the Texas Department of Public Safety (DPS) stated that this rule is no longer in effect, and the relevant information was quietly removed from their website yesterday. A DPS spokesperson attributed the change to Texas Attorney General Ken Paxton (R).

“The Office of the Attorney General (OAG) has recently expressed concerns about the validity of court orders directing state agencies, including the DPS, to change the sex of individuals in government records like driver licenses and birth certificates,” the agency informed KUT.

“Neither DPS nor other government agencies are involved in the legal proceedings that result in these court orders, and the absence of legislative authority and evidentiary standards for courts to issue such orders has necessitated a thorough legal review by DPS and the OAG. Therefore, as of Aug. 20, 2024, DPS has stopped accepting these court orders as valid for changing sex identification in department records, including driver licenses,” the agency stated.

Ian Pittman, an attorney assisting trans Texans, told The Texas Tribune that this policy shift raises significant privacy concerns for transgender individuals, as they will now be forced to carry IDs that don’t reflect their gender. This mismatch can result in discrimination, harassment, violence, and barriers to accessing services that require identification.

The DPS now officially documents and scans any birth certificate changes or court orders related to gender markers but does not use them to process updates. “This policy effectively puts people on a list that could interfere with their health care,” Pittman said, urging trans Texans not to submit court orders to the DPS.

The change comes amid broader efforts in states like Florida and Kansas to block transgender individuals from altering ID markers, alongside numerous anti-LGBTQ actions by Texas Attorney General Ken Paxton and Governor Greg Abbott (R). Two years ago, Paxton directed DPS employees to create a list of individuals who had requested gender marker changes.

“Texans will now be subject to involuntary surveillance simply for trying to update a government document,” said Brad Pritchett, interim CEO of Equality Texas. “There is no clear rationale for why DPS would need this information, nor a valid reason to deny gender marker updates on driver’s licenses.”