The Texas Department of Public Safety (DPS) has recently implemented a new policy that could have a significant impact on transgender individuals in the state. Effective August 20, 2024, the policy changes the process for updating gender markers on driver’s licenses or identification cards, making it more challenging for transgender Texans to have their gender identity recognized.
Under this new rule, DPS will no longer accept court orders or amended birth certificates that differ from the existing documentation on file. The sex listed on a person’s driver’s license or ID will now reflect the information from their original application, unless there was a clerical error at that time.
This poses a barrier for transgender individuals who have legally changed their gender through the courts or updated their birth certificates. Even with proper documentation, their driver’s license or ID will not be updated unless it matches the original information on file.
While individuals can still renew or obtain a new driver’s license, the decision now lies with the customer. Court orders related to a sex change request will be scanned into the DPS record, but the fate of this information remains unclear.
The timing of this policy change is concerning in light of recent political developments in Texas, where transgender rights have been increasingly challenged. A directive from Texas Attorney General Ken Paxton in 2022 sought information on gender changes on driver’s licenses, mirroring a broader push by state leaders to restrict transgender rights.
During the 2023 legislative session, several anti-LGBTQ measures were proposed, highlighting the uphill battle for transgender rights in Texas. This new DPS policy further complicates the legal recognition of gender identity in the state.
Texas now joins a small group of states, including Florida, Kansas, and Montana, that do not allow transgender individuals to update their identification. This policy not only impacts authenticity but also raises concerns about privacy and potential discrimination.
For Black transgender individuals in Texas, who already face discrimination and violence at higher rates, this policy creates additional obstacles in their daily lives. Challenges in updating identification can affect employment, housing, and interactions with law enforcement.
Legal experts and advocates fear the new DPS policy may violate federal laws, especially as the Biden administration works to protect transgender rights. Other states with similar policies, like Florida, have faced legal challenges, raising the possibility of legal action in Texas.
Don’t miss out! Get top Black headlines in Houston/Texas/America in your inbox Monday-Saturday.