Texas eliminates the option for transgender individuals to update the gender marker on their IDs

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 However, the Texas Department of Public Safety (DPS) stated that this rule is no longer in effect, and the relevant information was quietly removed from their website yesterday.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.”

September 16, 2024 0

Transgender teens file lawsuit against New Hampshire to challenge sports ban

New Hampshire recently passed a series of anti-trans laws, and now the community is pushing back.

Last Friday, two New Hampshire teenagers, both soccer players who have identified as girls since childhood, filed a lawsuit against the state challenging its transgender sports ban. With support from the ACLU, the lawsuit argues that the ban violates the Equal Protection Clause of the Fourteenth Amendment and Title IX, a 1972 amendment ensuring equal opportunities in education based on sex.

The lawsuit further states that the plaintiffs are seeking a restraining order against the defendants, along with a request for a temporary injunction on the bill, to allow the girls to return to playing sports while the case is being decided.

Chris Erchull, senior staff attorney with GLBTQ Legal Advocates & Defenders (GLAD), emphasized in a statement, “Sports are a crucial part of education in New Hampshire public schools, offering numerous benefits such as physical and mental health, leadership development, and social growth. The state cannot justify excluding transgender girls and denying them these important educational opportunities available to other students.”

H.B. 1205, signed into law last month by Gov. Chris Sununu (R), prohibits transgender girls from participating on girls’ sports teams throughout high school. The bill was enacted alongside two other anti-trans laws, while a fourth bill aimed at overturning the state’s anti-discrimination protections for trans individuals was vetoed by the governor.

The lawsuit names the Commissioner of the New Hampshire Department of Education, members of the New Hampshire Board of Education, and the girls’ high school school board as defendants. The plaintiffs are represented by Chris Erchull and Ben Klein from GLAD, Henry Klementowicz and Gilles Bissonnette from the ACLU of New Hampshire, and Louis Lobel, Kevin DeJong, and Elaine Blais from Goodwin.

Henry Klementowicz, Deputy Legal Director of the ACLU of New Hampshire, stated, “H.B. 1205 discriminates against and stigmatizes transgender girls, sending the message that they are unworthy of the same educational opportunities as other girls. All students thrive when they have access to resources that support their mental, emotional, and physical well-being, and transgender girls deserve the same access.”

September 11, 2024 0

Kim Coco Iwamoto will make history as Hawaii’s first transgender lawmaker after defeating the House Speaker

Despite being the most powerful Democrat in the state, he was defeated by her.

In Hawaii, transgender woman Kim Coco Iwamoto (D), a former member of both the Hawai’i Civil Rights Commission and the Hawai’i Board of Education, has just made history. She defeated the incumbent in her district’s Democratic primary, becoming the first transgender person elected to the legislature. Iwamoto unseated state House Speaker Scott Saiki, who had held the position for three decades, winning by a margin of about 5%. Iwamoto received 49.3% of the votes, while Saiki garnered 44.6%.

“It feels incredible, especially knowing that so many powerful figures endorsed him,” said Iwamoto. “I wasn’t just running against him; I was up against the entire Democratic establishment.”

Kim Coco Iwamoto has a distinguished career as an attorney and has been elected twice to the Hawai’i Board of Education. In the mid-2010s, she was appointed as a commissioner to the Hawaii Civil Rights Commission. Despite previous unsuccessful runs for office, including a bid for lieutenant governor in 2018 and two challenges for Saiki’s seat, Iwamoto has remained a prominent figure in progressive politics.

Recognized by former President Barack Obama for her work, Iwamoto is a strong advocate for progressive causes. She aligns with groups that share the politics of U.S. Sen. Bernie Sanders (I-VT), supporting initiatives like the Green New Deal, increasing funding for public education, mass reform of the criminal justice system, and investment in affordable housing.

Iwamoto is also a staunch supporter of LGBTQ+ rights. Her campaign website outlines her commitment to prohibiting discrimination based on sexual orientation, gender expression, and identity. She advocates for fully funding enforcement divisions at state agencies to ensure compliance with non-discrimination laws. Additionally, she believes that every unaccompanied minor deserves a safe home, including LGBTIQ+ minors in foster and group homes.

In contrast, Saiki has let his long record of public service define his policy stance. His contributions include helping to pass a ban on conversion therapy, supporting Title IX protections in the state, fighting financial inequality between men and women, and allocating millions to combat homelessness. Saiki has served as the speaker of the House since 2017.

August 27, 2024 0