A judge denied a motion to dismiss a lawsuit filed by a group of transgender people against Michigan Secretary of State Ruth Johnson. Six transgender people living in Michigan filed the lawsuit in May with the American Civil Liberties Union. The lawsuit argues the residents’ constitutional rights to privacy are being violated by a state policy that makes it difficult or impossible to change the sex recorded on their driver’s licenses. U.S. District Judge Nancy Edmunds ruled that the privacy issue was valid in this opinion, and declined to dismiss the lawsuit.
Prior Blog Posts.
Transgender Driver Lawsuit To Move Forward In Michigan « CBS Detroit
Transgender Woman Fights Michigan For Driver’s License That Reflects Identity « CBS Detroit
Lawsuit over Michigan IDs for transgender people moves forward _ WKAR
The D.C. Death Certificate Gender Identity Recognition Amendment Act of 2015 establishes what information should be on a death certificate and requires the funeral director or person acting as such who first takes custody of the body to file a death certificate. The decedent’s gender identity must be reported by the next of kin or the best qualified person available unless a document that memorializes the decedent’s gender transition is presented to the person completing the death certificate. It allows an individual with rights to the decedent’s remains to file a petition in Superior Court for determining gender identity. It also protects the person completing the death certificate from liability for damages or costs for how they enter the decedent’s gender.
A transgender woman was recently denied a driver’s license at a Baton Rouge Office of Motor Vehicles for not “suitably” looking like a man. The birth certificate of Alexandra Glover says he is a male with the birth name Dylan. When Glover arrived at the OMV, he wore a dress and makeup, which an OMV clerk said had to be removed if “you are actually man.”
At issue is a 1986 motor vehicle policy, which states: “At no time will an applicant be photographed when it is obvious he/she is misrepresenting his/her gender and/or purposely alternating his/her appearance in an effort which would “misguide/misrepresent” his/her identity.”
People with Connecticut birth certificates can now change their sex on their birth certificate with a doctor’s note, thanks to so-called “modernization” legislation that will allow Males to be legally recognized as Female.
Emani Love and others filed a federal lawsuit against Michigan Secretary of State Ruth Johnson, challenging a state policy they claim makes it “impossible or unduly burdensome” to change the sex recorded on their driver’s licenses. The state filed a motion to stay discovery, which was recently denied.
A man who underwent gender reassignment to become a woman has lost his High Court bid to have his identity as father removed from his children’s birth papers. The transgender father began gender reassignment back in 2012 and is waiting for a final operation to become “female.” He claimed it was discrimination and a breach of his human right for respect to private and family life not to take the description “father” off the children’s birth certificates. Identified only as JK, he challenged the refusal of the Registrar General to alter the certificates to describe him simply as “parent” or “father/parent.”
Cook County, Illinois Judge Michael Hyman approved a consent decree in 2012 in a class action case to allow transgender individuals to receive new birth certificates without being required to undergo genital surgery. He also awarded attorneys fees and costs to the plaintiffs. The State Registrar of Vital Records challenged the award of attorneys fees and costs, and the Illinois appellate court held that the award was proper because the Registrar was not following the law when he declined to give transgender people new birth certificates.
Emani Love and others filed a federal lawsuit against Michigan Secretary of State Ruth Johnson, challenging a state policy they claim makes it “impossible or unduly burdensome” to change the sex recorded on their driver’s licenses. The plaintiffs, represented by lawyers of the American Civil Liberties Union, claim the policy violates constitutional rights to privacy, speech, equal protection, interstate travel and “the right to independence in making important medical decisions.”
Information listed on a person’s driver’s license or ID card in Michigan must match the information on the applicant’s birth certificate, according to the Secretary of State’s office. That means transgender people must have their birth certificates amended before a change can be recorded on their driver’s license.
Malta‘s Gender Identity, Gender Expression and Sex Characteristics Act allows transgender people to change the sex marker on their birth certificate without virtually any documentation. It also bans surgery on intersex infants. Specifically, it “shall be not be lawful for medical practitioners or other professionals to conduct any sex assignment treatment and, or surgical intervention on the sex characteristics of a minor which treatment and, or intervention can be deferred until the person to be treated can provide informed consent.”
Basic Rights Oregon has been waging a stealth campaign to change sex marker policy for an Oregon driver’s license. Currently, a person needs to present a document to the Department of Motor Vehicles signed by a therapist stating that the applicant is living “full time” as the opposite sex (based, of course, on sex stereotypes) or other documentation that the applicant has had sex reassignment surgery. The Oregon Department of Motor Vehicles maintains a list of about 50 approved practitioners whose letters will be accepted. That situation is going to change starting next month. The DMV will still require a therapist’s letter, but there is now no list of approved practitioners. Essentially, anyone practicing as a therapist can write a letter, no matter their specialty or qualifications, so there will be no standards.
Of even greater significance is a new policy where anyone can change their sex marker with nothing needed but their own declaration. Under the policy, anyone can change their sex marker as many times as they want, as often as they want, with no age limits and no parental consent needed for minors. Here is a mockup of the new gender change form, and there really is no requirement to prove anything:
According to our source, Basic Rights Oregon has met with Governor John Kitzhaber, who supports the measure. Here are 5 pages of an internal memorandum from Basic Rights Oregon to the Oregon Department of Transportation detailing the plan. Basic Rights Oregon has spun this as a chance for the Oregon DMV to “be the first state in the nation to be a leader in adopting a self-attestation policy” for transgender people.