Texas Halts Gender Marker Changes on Driver's Licenses

Transgender Texans can no longer change the designated sex on their driver's licenses following a recent policy change at the Texas Department of Public Safety (DPS), announced Wednesday. The internal memo, emailed by Driver License Division Chief Sheri Gipson, instructs employees to refuse court orders or amended birth certificates for gender marker changes.

Those who previously altered their sex designations will not be affected unless there was a clerical error. Gipson and DPS officials did not respond to requests for comment.

Previously, the Texas DPS website outlined the process for changing gender on a driver's license: "If you want to change your gender, you must bring an original certified court order or an amended birth certificate verifying the change." This section is no longer available on the DPS website.

"There are 92,900 trans adults in Texas," said Brad Pritchett, deputy director of Equality Texas, in a statement. "Trans Texans want their driver’s license to reflect their gender."

Texas law does not explicitly address gender marker changes, making the process uncertain. Changes are typically handled by county judges, with varying processes across counties.

Last year, Texas Attorney General Ken Paxton sought data on transgender Texans changing their state-issued documents. Pritchett criticized the DPS move, stating, "Texans will now be subject to involuntary surveillance for simply trying to update a government document."

Paxton has opposed pro-LGBTQ+ policies, recently challenging a Biden administration rule on gender protections. During the 2023 legislative session, a bill to prohibit gender marker changes on birth certificates died in the House.

Other Republican-led states, including Arkansas, Kansas, and Florida, have also limited gender marker changes on driver's licenses. In Oklahoma, a 2021 executive order banning nonbinary birth certificates is being challenged in federal courts.

Sources:

• KUT first reported the policy change
• Texas State Law Library resource page
• Texas Legislature bill SB162