According to an internal email, the Texas Department of Public Safety (DPS) will now not allow “transgender Texans” to change their sex on driver's licenses and state ID cards.
The policy will allow for a gender change on an ID or driver's license, but only in the case of a clerical error.
DPS released a statement on the policy that reads, “The Office of the Attorney General (OAG) has recently raised concerns regarding the validity of court orders being issued that purport to order state agencies — including DPS — to change the sex of individuals in government records, including driver's licenses and birth certificates.”
“Neither DPS nor other government agencies are parties to the proceedings that result in the issuance of these court orders, and the lack of legislative authority and evidentiary standards for the Courts to issue these orders has resulted in the need for a comprehensive legal review by DPS and the OAG.”
“Therefore, as of Aug. 20, 2024, DPS has stopped accepting these court orders as a basis to change sex identification in department records – including driver's licenses,” the department explained
Florida, Kansas, and Tennessee have similar laws not allowing for gender changes on driver’s licenses.
To obtain a Texas driver’s license, applicants must submit a bevy of documents including proof of identity or proof of U.S. citizenship, which can include a passport or birth certificate.
In Texas, to change the gender on a birth certificate an individual must petition and obtain a court order. Surgery is not required by Texas law to change gender and judges have “discretion to either grant or deny” requests, but what is required is a “narrative statement” from either a doctor or therapist.
“The Department of Public Safety has a responsibility, as stated in its own name, to keep all Texans safe,” stated Ash Hall, policy and advocacy strategist for the American Civil Liberties Union of Texas.
“This policy does the opposite.”
“Not having accurate driver's licenses jeopardizes trans people's health and safety — by potentially outing us and exposing us to discrimination, harassment, and violence. State agencies can’t ignore court orders nor is DPS allowed to collect or share people’s personal information for political aims.”
In 2021, the U.S. State Department unveiled a policy to permit passport applicants to select the gender marker on their passport without presenting medical documentation of gender transition, and also added a third gender marker, “X,” for applicants identifying as “non-binary, intersex, and/or gender non-conforming.”
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