A valid, accurate state I.D. is something many of us take for granted. But without one, it can be difficult to access basic essentials and participate fully in our communities. Driving a car, opening a bank account, and in some states, casting your vote, all require an I.D. In many cases, an I.D. is required to rent an apartment, apply for a job, and access health insurance. The barriers to obtaining an I.D. can be high: complicated paperwork, expensive fees, and discrimination are just a few things that make getting an accurate I.D. difficult. These hurdles are sometimes impossible to overcome, especially for marginalized individuals like immigrants, low income people, people of color, formerly incarcerated people, and those experiencing homelessness. As a result, an estimated 12% of U.S. adults do not have a valid driver’s license. For transgender people, existing barriers are compounded by policies designed explicitly to prevent them from getting a state I.D. that accurately represents their name and gender.
Here’s a look at three recent anti-trans developments when it comes to ID documents:
TEXAS
Last month, the Texas Department of Public Safety announced that it would no longer allow transgender people to change the gender marker on their state I.D. Shortly after, the Texas Department of State Health Services edited the form Texans use to change the gender marker on their birth certificate after a gender transition. Language on the form was changed from “correct child’s sex after medical/surgical change” to “correct child’s sex due to incompletion or inaccuracy.” Advocates in Texas are rightfully concerned that the change is an attempt to deny transgender Texans the right to change the gender marker on their birth certificates. Transgender Texans are not alone in facing these unjust laws; thirteen U.S. states and two territories have policies making it difficult or impossible for transgender people to update the gender marker on their state I.D.
MISSOURI
Some states require transgender people to show proof of surgery, a court order, or an amended birth certificate in order to update their gender marker. Missouri just became the latest state to require such documentation for an I.D. change. Transgender people should not have to submit paperwork to “prove” their gender in order to access accurate identification, and they certainly should not be required to hand over their private medical records. Many transgender and gender expansive people do not want to have surgery or cannot afford it. Those who do undergo surgery should not be forced to share their personal medical records to get an accurate I.D.
ARKANSAS
Other states have more inclusive policies that allow transgender and gender expansive people to easily update the gender marker on their birth certificate and state I.D. without filing unnecessary paperwork. Further, some states allow people who do not identify as male or female to have an “X” listed on their state I.D. or birth certificate. These inclusive policies are unfortunately being rolled back in places like Arkansas, where the state Supreme Court just reinstated a rule eliminating the “X” option on state I.D.s that had been available to nonbinary and other gender expansive Arkansans since 2010.
ANTI-TRANS I.D. LAWS AND THE 2024 ELECTION
The passage of restrictive state I.D. laws and rollback of progressive laws is concerning, especially as we approach the 2024 presidential election. Many states with anti-transgender I.D. laws also have strict voter I.D. laws that require voters to present a photo I.D. at the polls. According to the Movement Advancement Project, an organization mapping state policies that impact democracy and LGBTQ+ communities, the majority of Southern states have restrictive or unclear policies regarding gender marker changes on I.D.s. Of these states, six also require a photo I.D. to be presented at the polls in order to cast a ballot. These overlapping policies have potential to cause problems for transgender voters. A recent report from the UCLA Williams Institute estimates that 43% of transgender voters living in states where voting is conducted primarily in-person lack identity documents that accurately reflect their gender and name. Further, 91,300 transgender voters lack accurate I.D.s and live in states where a photo I.D. is strictly required to vote.
At the Campaign for Southern Equality, we fight for a South where LGBTQ+ people are equal in every part of life, and your zip code doesn’t determine your rights. This includes the right to vote. We will continue to advocate that Southern states make the process for obtaining an accurate I.D. more accessible, rather than putting up barriers that prevent transgender people and other marginalized folks from fully participating in our communities.
