TRANSGENDER SCHOOL LAWS

Identity Documents

Identity documents are a major area of legal concern for transgender people. Different procedures and requirements for legal name changes and gender marker changes on birth certificates, drivers licenses, social security identification and passports exist and can be inconsistent. Many states require sex reassignment surgery to change their name and gender marker. Also, documents which do not match each other can present difficulties in conducting personal affairs - particularly those which require multiple, matching forms of identification. Furthermore, having documents which do not match a person's gender presentation has been reported to lead to harassment and discrimination.[21][22]

Name change[edit]

Transgender people often seek legal recognition for a name change during a gender transition. Laws regarding name changes vary state-by-state. In some states under the common law, a transgender person can change his/her name to match the opposite sex, provided that the change does not perpetrate fraud or enable criminal intent. In other states, the process requires a court order or statute and can be more difficult. An applicant may be required to post legal notices in newspapers to announce the name change - rules that have been criticized on grounds of privacy rights and potentially endangering transgender people to targeted hate-crimes.[23] Some courts require medical or psychiatric documentation to justify a name change, despite having no similar requirement for individuals changing names for reasons other than gender transitioning.[24]

Birth certificates[edit]

Legal requirements each state has for altering the sex on one's birth certificate.

State does not require SRS to alter sex on birth certificate

Altering sex on birth certificate requires SRS12

State does not alter sex on birth certificates for trans people

---- 1Some Texas officials have refused to amend the sex on birth certificates to reflect a sex change after the ruling Littleton v. Prange; however, a judge can order an amendment.

2Illinois does not require genital reconstruction surgery to amend the sex on birth certificates, but it does require proof of an "operation."

The procedure each state uses to alter the sex on one's birth certificate.

New birth certificate is issued with correct sex designation

Old birth certificate is amended to correct sex designation

State does not alter sex on birth certificates for transgender people

U.S. states make their own laws about birth certificates, and state courts have varied in their application of such laws to transgender people.[25][26] A majority of states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Many states, however, require medical proof of sterilization by sex reassignment surgery in order to warrant a gender marker change. Idaho, Kansas, Ohio, and Tennessee refuse altogether to change the gender marker on a birth certificate as of April 2015.[27] Texas, by opinion of the local clerk's office, will make necessary changes to a birth certificate (including amendment of sex if a court order is presented). As of July 2014 New York State passed legislation easing changing recorded gender and as of December 2014 New York City followed, completely eliminating the need for gender reassignment surgery) when filing for birth gender change in New York.[citation needed][28]

Cases[edit]

The first case to consider legal gender change in the U.S. was Mtr. of Anonymous v. Weiner (1966), in which a post-operative transgender woman sought from New York City a change of her name and sex on her birth certificate. The New York City Health Department refused to grant the request. The woman took the case to court, but the court ruled that granting of the request was not permitted by the New York City Health Code, which only permitted a change of sex on the birth certificate if an error was made recording it at birth.[29][30]