Texas has taken a bold new step in making life difficult, and ultimately dangerous, for trans people. As in many states, changing your name and gender marker on a driver’s license was a complicated process. However, in August Texas decided to make it impossible. Now, they’re going further and exploring options to retroactively undo previous gender marker corrections for trans people.
Texas does not have a law on the books about changing gender markers on a driver’s license. Before August, the process was to go before a judge to request a court order for a change, which could then be delivered to the Texas Department of Public Safety (DPS) so that they could correct your driver’s license. The process was frustrating, but not that different from other places in the United States. However, in August, the Texas DPS sent out an internal email instructing staff to no longer change gender markers on trans people’s driver’s licenses, even if they had a court order or an amended birth certificate.
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The move was pioneered by the Texas Attorney General, Ken Paxton, who hid the transphobic move behind claims that there were concerns about the “validity” of the court orders. Apparently, for Paxton, trans people having to prove what they already know about themselves to a judge isn’t enough, and he would like them to prove it individually to every government office. Or, more likely, he’d simply rather trans people didn’t exist. Additionally, the internal email requested that the information of anyone who tried to change their gender marker with or without a court order be noted down, meaning that Texas is now creating a list of trans people.
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Despite how awful this already is for trans Texans, it’s getting worse. A letter from the Texas DPS Director, Steven McCraw, to Paxton details where this could all end up. McCraw expresses concern in the letter that the DPS might have “altered many governmental sex records in mistaken reliance on court orders that either lacked any basis in law or authority.” Beyond from continuing the fallacy of Paxton’s own “concerns,” McCraw wants to know if they can undo the gender marker corrections trans people have made in the past, noting that “when DPS has made an erroneous entry to a person’s records, the agency has on its own initiative corrected such a mistake.”
McCraw, here, is asking to open the door to tearing away valid ID from trans people who might have had their gender marker corrected years before. One such person, is TikToker @MamaMephistopheles, who spoke about her concerns in a recent video.
As @MamaMephistopheles notes, this will not only threaten trans people’s mental health as they are either unable to obtain accurate identification or have their correct ID become illegal to present. It will also mean that they have no way to participate in parts of society without being forced to out themselves by presenting erroneous ID, whether that is to a bouncer at a nightclub, to a hiring manager, or to someone deciding if they can rent an apartment. It will provide more avenues for trans people to face discrimination based on their gender identity. While the obvious answer might be to leave Texas, people shouldn’t have to. And, realistically a lot of trans people, like @MamaMephistopheles, couldn’t afford to leave if they wanted to.
This all happens while as another southern state, Alabama, rolls out a requirement that trans people get bottom surgery before they can chance their gender markers, effectively requiring sterilization.
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