The Texas Department of Public Safety (DPS) has just dealt a massive blow to the transgender Texas community after announcing that the state will no longer allow people to update their genders on their driver’s licenses.
Challenges For Transgender Texans
As difficult as it must be to be a transgender person in the state of Texas, things just got even harder now that the Texas DPS will no longer let people change their genders.
DPS Announces Ban on Gender Changes
The announcement was recently made through email and specified that someone’s gender cannot be changed on their license, even with a court order.
Increased Risks For Texas’s Transgender Community
While the transgender community already faces massive risks from prejudice and discrimination in such conservative states, things have now gotten even harder for the 92,000 transgender people living in Texas.
Equality Texas Criticizes New Policy
Brad Pritchett, interim CEO of Equality Texas, made a statement to HuffPost about the decision and emphasized the invasive nature of the policy alongside its potential consequences.
DPS Confirms Policy Change
The chief of DPS’s Driver License Division, Sheri Gipson, was contacted about the decision, and she confirmed that the department would no longer accept court orders to change gender markers on driver’s licenses.
Attorney General’s Office Raises Concerns
Apparently, this change to DPS policy is in response to concerns that were raised by the Office of the Attorney General (OAG), which has questioned the validity of such court orders.
Lack of Legal Precedent Cited
In the email notifying Texans of this decision, they explained that there is a lack of legal precedent for making such changes, and as a result, they will no longer be making changes to gender on licenses.
DPS and OAG Conduct Legal Review
The email read, “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.”
DPS Ends Acceptance of Court Orders For Gender Changes
“Therefore, DPS has stopped accepting these court orders as a basis to change sex identification in department records, including driver licenses,” it concluded.
Legal Experts Question the Decision
In an article for the Houston Chronicle, Ryan H. Nelson, an associate professor at South Texas College of Law Houston, said this decision brings into question America’s so-called separation of powers.
Far-Reaching Impacts on Daily Life
The impact this policy will have may seem minor to some at first glance, but it will undoubtedly have far-reaching effects on transgender Texans’ everyday lives, from voting to applying for jobs and traveling.
Transgender Texans Express Concern
Transgender Texans like Emily Bray, a YouTuber from Texas, have expressed deep concern and disappointment for the policy and how it will block her from having identification that matches her preferred identity.
A “Gut Punch” to Transgender Texans
“There’s no other way to describe it than a gut punch,” Emily Bray told HuffPost. “It would be nice for me to have a driver’s license that reflects my name, and that would personally feel good.”
Legal Orders Rendered Useless
Bray had just received her official court order to change her gender on her license when she received the email that such a change would no longer be possible.
Attorney Warns Against Submitting Court Orders
Now, Ian Pittman, an attorney in Austin who works with transgender Texans, has advised his clients against submitting court orders to DPS because he fears they may be targeted in response.
Fears of Retaliation and Healthcare Interference
“It will put people on a list that could interfere with their health care,” Pittman said in an interview with the Texas Tribune.
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