Texas DPS Email: New Policy Restricts Gender Changes on Licenses
In a recent internal email obtained by KXAN, the Texas Department of Public Safety (DPS) announced a new policy regarding gender changes on driver’s licenses and identification cards. Effective immediately, the department will no longer accept court orders or amended birth certificates that change a person’s sex if it differs from the documentation already on file. This decision has sparked controversy and concern among LGBTQ+ advocates and individuals seeking to update their identification documents.
Policy Change Impacting Gender Marker Changes
According to the email sent to DPS staff, individuals seeking to change the gender on their license or ID will have their sex reflect the information listed on the primary document presented upon the original application that is already on file. The Office of the Director of DPS is currently reviewing the validity of court orders and amended birth certificates to ensure compliance with state and federal guidelines.
For those with current driver’s licenses or identification cards, the sex established in their original application and existing driver’s record will not be changed unless there was a clerical error. The new policy allows individuals to decide whether to obtain or renew a driver’s license or ID that corresponds with the documentation already on file.
Additionally, DPS employees are instructed to scan and report sex change documentation to a specific DPS email address, although it cannot be used to change a driver’s license or ID under the new guidance.
Reaction from LGBTQ+ Advocates
The policy change has sparked disappointment and concern among LGBTQ+ advocates, particularly those representing transgender Texans. Brad Pritchett, the interim CEO of Equality Texas, expressed disappointment, questioning the necessity of the sudden policy change without public notice. Ash Hall, an LGBTQ+ policy and advocacy strategist for the ACLU of Texas, criticized the decision as harmful to transgender individuals, emphasizing the importance of respecting court orders and protecting personal information.
The ACLU of Texas also raised concerns about potential privacy violations and the targeting of transgender Texans, calling for respect, safety, and dignity for all individuals. The policy shift has raised questions about the motives behind the decision and the impact on transgender communities in Texas.
Changes to DPS Guidance
Recent updates to the DPS website indicate a removal of information regarding gender changes on ID cards or driver’s licenses. Previously, the website outlined the documentation required for a gender change, such as an original certified court order or amended birth certificate. However, this information has since been removed, leaving individuals like Mo Montoya uncertain about the process of updating their identification documents.
Mo Montoya’s Legal Limbo
Mo Montoya, a resident of Austin, shared his concerns about the policy shift, stating that he had filed a petition for a court order to change the sex listed on his driver’s license. However, with the new DPS policy in place, Montoya finds himself in a legal limbo, unsure of the next steps and feeling anxious about his safety and well-being in Texas.
The Transgender Education Network of Texas
Landon Richie, the policy coordinator for the Transgender Education Network of Texas, highlighted the challenges faced by transgender individuals in Texas and other Republican-led states. Richie emphasized the resilience of the transgender community in the face of discriminatory policies and expressed solidarity with national organizations working to support transgender rights.
Criteria for Court Orders
In jurisdictions like Travis County, the criteria for a name and sex marker change may vary. Travis County courts typically require applicants to submit two forms, a recommendation and diagnosis letter from a mental health professional, a fingerprints card, and a filing fee. Applicants must appear in court for questioning by a judge, with Texas law not mandating proof of surgery for a sex marker change.
If granted, applicants must obtain certified copies of the court order to update other official documents like passports and social security cards. The court order serves as an official directive for agencies within the court’s jurisdiction to correct and amend gender and sex identifiers on various licenses and certificates.
Looking Ahead
As the debate over gender marker changes on identification documents continues, the impact on transgender individuals in Texas remains a focal point for advocacy and support. LGBTQ+ advocates, legal experts, and community organizations are closely monitoring developments and working to protect the rights and dignity of all individuals, irrespective of gender identity.
In conclusion, the new policy implemented by the Texas DPS has raised concerns and sparked debate within the LGBTQ+ community and beyond. The implications of restricting gender changes on driver’s licenses and identification cards have significant implications for transgender individuals seeking to update their official documents. As discussions and actions unfold, the importance of respecting court orders, safeguarding privacy, and promoting inclusivity remains paramount in shaping policies that uphold equality and dignity for all Texans.
