Austin, Texas —
A recent internal email obtained by KXAN states that the Texas Department of Public Safety has decided not to accept court orders or amended birth certificates that change a person’s sex if it differs from the documentation already on file. This decision affects individuals seeking to change the gender on their driver’s license or identification card in Austin.
The DPS driver’s license division personnel was advised via email that the new policy would be “effective immediately” on Aug. 20.
The email claims that a person’s gender will “reflect the sex listed on the primary document presented upon original application that is already on file” when it comes to driver’s licenses and photos.
Court orders and altered birth certificates are being reviewed by the Office of the Director of DPS to “ensure that all state and federal guidelines are being met,” as stated in the message issued by the head of the Driver’s License Division.
KXAN requested a comment from DPS and got the following response:
The legitimacy of court orders purporting to require state agencies, including DPS, to change the sex of individuals in government documents, such as driver’s licenses and birth certificates, has recently been raised by the Office of the Attorney General (OAG).
The Courts must issue these orders due to a lack of legislative authority and evidentiary standards, but neither DPS nor other government agencies are involved in the proceedings that lead to their issuance. As a consequence, DPS and the OAG must conduct a thorough legal review. Thus, these court orders are no longer valid for changing sex identity in DPS records (including driver’s licenses) as of August 20, 2024.
Press office for the Texas Department of Public Safety
According to KXAN’s source, the policy was ordered from the office of the governor of Texas. No word yet from the office of Governor Greg Abbott, who KXAN contacted for comment on Wednesday afternoon.
As per the new policy outlined in the email, anyone in possession of a valid driver’s license or identification card will not have their sex altered from what was originally recorded on their application or existing record, barring a clerical error.
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The email states that “this decision will be left up to the customer,” but it does not specify how the new policy will affect the ability to get or renew an ID or driver’s license that matches the paperwork already on file.
The new guidelines state that DPS staff cannot utilize sex change paperwork to alter their driver’s license or identification, but they do tell them to scan and submit the paperwork to a designated DPS email account.
What LGBTQ+ activists have to say
This legal change appears to have the most impact on transgender Texans seeking to formally change their gender markers, according to Brad Pritchett, interim CEO of Equality Texas, who, along with other LGBTQ+ advocates, is “disappointed” by it.
According to Pritchett, there is some confusion since “it also doesn’t seem to have been a change that was necessary — haven’t seen any reasoning for why suddenly you’re going to pull the rug out from under people who are in the process of going through this.” Therefore, the situation is confusing. “Why was this change needed, and why was it implemented so hastily without public notice?” is probably how most people are feeling right now.
Transgender Texans would suffer as a result of this ruling, according to a statement released Wednesday by Ash Hall, an LGBTQ+ policy and advocacy strategist with the American Civil Liberties Union of Texas.
“Personal information cannot be collected or shared by state agencies for political purposes, and state agencies are not allowed to disregard court orders,” Hall stated. This disturbing assault on the privacy, security, and dignity of transgender Texans is ongoing and unrelenting. Everyone, including transgender persons in Texas, should be able to live free from prejudice and discrimination.
It seems that the instructions for changing the gender on a driver’s license or ID have been updated on DPS’s website. A portion outlining the necessary paperwork for a gender transition was available on the DPS website as of April 27.
Bring either an altered birth certificate or an original verified court order to prove your gender change. According to preserved pages on Wayback Machine, the DPS website used to state that documents must be either original or certified copies.
That data is no longer available on this website since it was removed.
Austin resident Mo Montoya recently petitioned the court for a reversal of his driver’s license sex listing, so he could go through the process of submitting the necessary paperwork to the Department of Public Safety (DPS). Nevertheless, he is now in a state of legal uncertainty as to whether or not that is even feasible, due to the agency’s policy change on Tuesday.
“It’s terrifying,” Montoya exclaimed. “To be honest, it makes me question my sense of safety and my ability to continue living in Texas, to put it mildly.”
The Transgender Education Network of Texas’s policy coordinator, Landon Richie, noted that this follows a pattern in states where Republicans are in power, such as Florida.
This kind of attack is nothing new. They realize this, but it won’t faze us. “Our state leadership will not be able to force us to leave our homes,” Richie declared. “We’re diligently monitoring the situation, collaborating with national organizations that are keeping tabs on similar incidents in other states. We’re also curious about their responses, or lack thereof, and the kind of assistance that individuals can receive from them.”
Guidelines for judicial directives
A $300 filing fee, a fingerprint card, a letter of reference and diagnosis from a mental health expert, and two papers are required by the courts in Travis County, Texas, to alter one’s name or sex marker. The specific requirements for this change can differ by jurisdiction. Those seeking the process are required to show up in court and answer the judge’s questions.
To have a sex marker removed or changed in Texas, you do not need to provide documentation of surgery.
If the petition is approved, the applicants will also have to cover the cost of more certified copies of the court order. These copies are essential for updating documents including social security cards, passports, and more.
An official order has been issued by this court mandating that all licenses, certificates, and other official documents issued by schools, universities, agencies, and departments within its jurisdiction must be corrected and updated to reflect the correct gender and sex identifiers. “Among those entities who fall under this category is the Texas Department of Public Safety.”
