Trans Battlefield: Drivers' Licenses

Kilian Melloy READ TIME: 3 MIN.

Anti-GLBT groups rail against gays, lesbians, bisexuals, and transgendered people on the basis of nebulous things like morality or religious faith--things that can mean different things to different people.

But when policy and law are enacted on the basis of such things, they can have concrete results in the real world; for GLBTs, that can mean practical challenges not faced by others.

Take something as commonplace, and yet--for many people--as essential as a driver's license.

In some states, such as Massachusetts, a doctor's note testifying to a change in gender can suffice to get a transperson's gender listing on a license changed to his or her new sex.

But in other cases, it can be much harder, as an Aug. 17 report at Omaha's KETV Channel 7 news reported.

The report detailed how pre-operative transwoman Posha Towers was having a hard time getting her license updated, despite having legally changed her name (formerly Dominick).

As many transpeople do, Posha said that she had found relief in her new life as a woman, with her external appearance finally matching the inner truth of her gender.

But while the manner of dress and the face she presents to the world may match her perception of herself as a woman, the Nebraska DMV was reluctant to allow Posha to change the photo on her license.

The article quoted Posha as saying, "They said, 'We cannot give you a new ID picture.'"

Added Posha, "[They said,] 'You have to take the same picture you already have in the system.'

"I said, 'Why? I don't even look like that picture anymore,'" Posha recounted.

Posha took her complaint to the mayor, to a state senator, and to the media, before finally being allowed to have a photo of herself that looked like her on her license.

Such bureaucratic hurdles can strand transgender people between the binary notions of gender to which many still cling. A Jan. 4, 2007 article at EDGE recounted that as America becomes ever more security conscious, forms of identification like a drivers' license, a passport, or a birth certificate can be more and more difficult to update.

For example, transpeople who live, dress, and look like the gender with which they identify may still be listed as belonging to the other gender on their passports if they have not undergone expensive genital reconstruction surgery--a step that many transpeople do not take due to the out-of-pocket costs involved.

Such barriers can be problematic. Mara Kiesling, the National Center for Transgender Equality's executive director, told EDGE, "We are more and more living in a country where having appropriate ID is necessary.

"Most of the focus on things like identification in news media has been around travel and how you need good ID to get on an airline," added Kiesling, who went on to note that, "you also need appropriate ID that matches to open a bank account, to ride on trains, to buy cigarettes, to drink alcohol and most importantly--far, far more importantly--to have a job."

The end result is that transgendered people are more vulnerable to a de facto of discrimination than are others.

In an educational online document, the Human Rights Campaign offered some tips to transpeople struggling with ID issues.

"As long as your physician can attest to your sexual reassignment, [changing the gender listed on your driver's license] can be done," the document said.

"But while having an accurate license can be helpful, given how often you must use it for identification purposes, you should understand that changing your gender on your driver's license does not equate to a legal change of your sex," the text advised.

The site noted that those seeking to change the gender listed on their licenses would likely need to present a number of documents, including the outdated drivers' license, an updated Social Security card, and documentation that attests to a change of gender.

However, the site noted that, as yet, there is no nationwide process for updating a drivers' license to reflect a change in gender.

"Note that specific requirements vary from state to state. You should, therefore, contact your local department of motor vehicles to confirm the requirements in your area," the site warned.

"Please keep in mind that the information provided by HRC is intended for educational purposes only and may or may not be valid in your state," the text continued.

"We strongly recommend that you consult a local attorney with experience in transgender issues.

"It is also important that you understand that the information provided here in no way constitutes, and should not be relied upon, as legal advice."


by Kilian Melloy , EDGE Staff Reporter

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.

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