Texas is no longer accepting Court Ordered Gender Updates For Driver Licenses

Gov. Greg Abbott and Attorney General Ken Paxton at a border security briefing at Texas DPS regional headquarters in Weslaco on Jan. 27, 2022. (Credit: Michael Gonzalez for The Texas Tribune)

On Tuesday the Texas Department of Public Safety (DPS) stopped recognizing court-ordered gender updates on driver licenses and state IDs. The policy change came without warning or public notice leaving nearly 100,000 transgender Texans in legal, emotional, and physical jeopardy.

UPDATE: Texas DPS Gender Marker Policy Change To Be Addressed at Webinar on Sept 28 6 pm central

There is no legal or legislative mandate for this draconian directive, only hate. Listen to a recording by special investigative reporter Steven Monacelli when Gregg Abbott addresses young Conservatives and promises to "end" transgender and non-binary people living in Texas.

Taking away our identification that we must have to work, use public accomidations and vote is the first step.

Here's the audio of when Texas Governor Greg Abbott suggested he wants to ban trans and gender nonconforming people from being public school teachers in Texas. pic.twitter.com/AHAWtj483I

— steven monacelli (@stevanzetti) April 20, 2024

The ACLU said in a statement "The Texas Department of Public Safety (DPS) ordered employees Tuesday to no longer allow transgender Texans to change the gender markers on their driver’s licenses or state IDs. The new policy allegedly would block updates even when the agency is required to make them by court order."

"In an internal email, DPS also instructs employees to report any attempt by Texans to update the gender listed on their documents. The policy change reflects the latest attempt by members of the state government to target and discriminate against transgender Texans."

Under previous DPS rules, people were able to change the sex on their driver's license if there was a clerical error, or if they presented an amended birth certificate or an original certified court record, the Texas Tribune reports.

Transgender Texans are now effectively barred from obtaining an accurate foundational government document and could become especially vulnerable to discrimination and harassment, said Ian Pittman, an Austin attorney who works with transgender Texans. The change has also raised privacy concerns from advocates of transgender people who worry their personal information will be used with malicious intent.

The internal email directs driver license employees to send the names and identification numbers of people seeking to change their sex on their license to a particular email address with the subject line “Sex Change Court Order.”

Employees are also instructed to “scan into the record” court orders or other documentation relating to the sex change request.

It is not clear how that information will be used. Two years ago, Texas Attorney General Ken Paxton directed employees at DPS to compile a list of individuals who had changed their gender on their Texas driver’s licenses and other department records.