Can You Change Your Gender On A Birth Certificate – As of January 27, 2018, the Washington State Department of Health (DOH) now allows people with a Washington State birth certificate to choose a third gender creator, “X,” in addition to male or female markers. feminine.
As described on the Department of Health website, this gender marker reflects any “gender that is not exclusively male or female, including but not limited to: intersex, queer, mixed race, androgynous, plus, semigender, female to male, genderfluid, genderqueer, male-to-female, neuteris, non-binary, pangender, third gender, transgender, transgender, two-spirit, and unspecified.”
Can You Change Your Gender On A Birth Certificate
While this marks progress at the state level, the new rule is not without drawbacks. At this time, the Department of Health is “unsure whether other agencies, such as Passport, will accept these revised certificates.” Unlike states like California and Oregon, which have made a third-gender mark available on driver’s licenses, Washington’s rules have only changed to include the mark on birth certificates.
Sixfifty’s Helpful Guide To Utah Gender Marker Correction.
However, Morgan Mentzer, co-founder of the Lavender Rights Project, is optimistic about the influence the new rule could have on other agencies.
“What this rule will do is create conflict between agencies, which will establish the need for consistency in recognizing more gender on state documents like driver’s licenses, and ideally even on federal documents like passports,” Mentzer said. “Along with the important work of activists and advocates on the ground, these inconsistencies will hopefully make it more compelling for other departments to join in as well.”
In addition to allowing the option of a third gender marker, the Department of Health has also simplified the process for changing gender on a Washington state birth certificate – another victory for transgender and gender non-conforming people. interested in doing it. .
Gender & Identity: Kids & Teens
People over 18 years of age, as well as emancipated minors, are no longer required to present a court order or doctor’s letter when requesting a gender change on a birth certificate. (To change a minor’s birth certificate, the signatures of a parent or legal guardian and an authorized health care provider are still required.)
This update makes Washington one of the few states that gives people the right to self-identify without needing justification from bureaucratic courts and often expensive, time-consuming and dangerous health care, ultimately returning power personnel and autonomy at the hands of the company. . intersex, trans and gender non-conforming people born in the state.
(The National Center for Transgender Equality has a nifty ID Document Center where you can explore name change, birth certificate, and other ID requirements for each state.)
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While there is still much progress to be made, this small step has the potential to influence meaningful change for intersex, trans and gender non-conforming people in Washington and beyond, and we are happy to celebrate that this will achieve this for a large number of people. impact in the short and long term.
The Lavender Rights Project has created a quick guide to get you started in the process of using the “X” gender marker on your Washington State birth certificate. Driver’s license policies govern the process by which a person can change the gender marker on their driver’s license. Many transgender people choose to update the gender marker on their identification documents to match their gender identity. Correct and consistent gender markers on identity documents help transgender people access public spaces and resources, and significantly reduce the risk of them facing violence, discrimination or harassment. Additionally, states can allow people to identify themselves as something other than male or female on their driver’s licenses. The ease of the process for changing gender markers is independent of how many gender options (i.e., male, female, non-binary) are available. However, many states have yet to modernize their policies or processes, making it significantly more difficult for transgender people to access identification that matches their gender identity and protects their safety. This map explores the variation in state policies regarding the gender marker change process, as well as the gender marker options available in a particular state. The categories on this map were developed in conversation with the National Center for Transgender Equality (NCTE) and based on their driver’s license process rating system, available here.
*NOTES (and click the orange “Appointments and More Information” button below the map legend for more information about each state): – In Kansas, a July 2023 court order temporarily prevents people from changing their gender on his driver’s license, pending an ongoing lawsuit over a recently enacted state law that defines gender in a way that excludes and allows discrimination against transgender people. The court order will expire on July 24, 2023, but can also be extended on that date. This map will be updated as events develop in the state.
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In March 2019, the Indiana Bureau of Motor Vehicles (BMV) announced that gender-neutral markers on driver’s licenses would be available in October 2019. However, in September 2019, the state attorney general blocked this option and, in March 2020, an official issued an opinion preventing gender-neutral options from being allowed unless the state passes legislation specifically allowing them.
In August 2019, Illinois passed legislation to implement gender-neutral markers, but due to the state’s contract with a third-party technology company, these options may not be available until 2024. See the current form here.
The processes by which an individual can change the gender marker on their driver’s license and/or birth certificate to accurately reflect their gender identity are governed by state laws and administrative policies and often include intrusive and outdated requirements, such as proof of gender reassignment surgery and court orders. According to the National Center for Transgender Equality, burdensome requirements and prohibitive costs prevent most transgender people from obtaining proper identification documents.
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*Note: These percentages reflect estimates of the transgender population (ages 18 and older) living in the 50 states and the District of Columbia. Estimates of transgender people in US territories are not available and therefore cannot be reflected here. Population estimates come from the Williams Foundation.
49% of transgender people (18+) live in states that allow residents to mark M, F, or X on their driver’s license.
52% of transgender people (18+) live in states that have an easy-to-understand form and do not require provider certification.
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11% of transgender people (18+) live in states with easy-to-understand formulary and provider certification requirements (accepted by a wide range of professionals).
3% of transgender people (18+) live in states with easy-to-understand formulary and provider certification requirements (accepted by a limited range of professionals).
13% of transgender people (over 18) live in states without any form; no court order or proof of surgery required, but demanding process requirements and/or provider certification are required
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3% of transgender people (18+) live in states that have an unclear, unknown, or unwritten policy regarding the gender marker change process.
18% of transgender people (over age 18) live in states that require proof of surgery, a court order, and/or an amended birth certificate to change a gender marker.
1% of transgender people (over 18) live in states that do not allow updating the gender marker on the driver’s license.
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Birth certificate laws govern the process by which a state changes (or refuses to change) a gender marker on a person’s birth certificate. Many transgender people choose to revise the gender marker on their identity documents to match the gender they live as every day. Correct and consistent gender markers on identity documents help transgender people access public spaces and resources, and significantly reduce the risk of them facing violence, discrimination or harassment. For more information, see here.
*NOTES (and click the “Appointments and More Information” button below the map key for more information on each state): — Since 2014, Indiana has updated birth certificates by court order. Although several court rulings have confirmed that state courts have the authority to issue these orders, two separate appeals courts will be created in 2022.
That state courts do not have that authority, creating a gap. In May 2023, the state Supreme Court declined to hear those cases, leaving the issue unresolved. This means that while some judges continue to issue changes to gender markers in the state, others may choose not to, leading to potentially unclear and inconsistent experiences for transgender Hoosiers. For help with name or gender marker changes in Indiana, also see the Indiana Legal Services LGBT Project. –Since 2019, Kansas has updated birth certificates without any required proof of surgery or court order, as part of a consent decree. However, in 2023, the court overturned parts of that consent ruling, after the state enacted a new law defining gender in all state law based on the sex assigned at birth. This currently leaves the legal availability of gender marker changes in the state uncertain. Click the orange “Appointments and More Information” button above for more details.
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-Montana law of 2021 (SB280) required a court order and proof of surgery before issuing an updated birth certificate. In April 2022, this law was temporarily blocked by a court order, but that same year the state health department adopted an administrative rule prohibiting any changes under any circumstances that violate the court order. In June 2023, the court ruled that the legislation (SB280) was unconstitutional and