An internal communication from the Texas Department of Public Safety (DPS) reveals a significant policy change regarding gender markers on state-issued driver’s licenses and ID cards. According to the email, DPS has decided, without prior public notification, to halt the amendment of gender markers on these documents.
The email also discloses that DPS plans to create a database of individuals who request changes to the gender marker on their identification. This move comes after Texas Attorney General Ken Paxton asked DPS to provide records of individuals who had updated their gender markers. Previously, DPS was unable to provide the requested data as they couldn’t distinguish between court-ordered changes and corrections of clerical errors.
This newly implemented policy seems to be a step towards fulfilling Paxton’s request by establishing a comprehensive database. The email, dated August 20 and signed by Driver License Division’s Sheri Gipson, states, “Effective immediately, the Department will not accept court orders or amended birth certificates issued that change the sex when it differs from the documentation already on file.”
Gipson further mentioned that “the validity of such documents is currently under review by the Office of the Director to ensure that all state and federal guidelines are being met.” Employees are instructed to scan unprocessed court orders and report them internally.
Speaking about the new policy, ACLU of Texas policy and advocacy strategist for LGBTQIA+ rights Ash Hall (they/them) stated, “The Department of Public Safety has a responsibility, as stated in its own name, to keep all Texans safe. This policy does the opposite. Not having accurate driver’s licenses jeopardizes trans people’s health and safety — by potentially outing us and exposing us to discrimination, harassment, and violence. State agencies can’t ignore court orders nor is DPS allowed to collect or share people’s personal information for political aims.
“This relentless targeting of transgender Texans is yet another alarming attack on our privacy, safety, and dignity. Trans people deserve to live free from persecution in Texas and everywhere else.”
Brad Pritchett, interim CEO of Equality Texas, added, “There are 92,900 trans adults in Texas. Just like people who change their names after marriage want their correct name on their license, trans Texans want their driver’s license to reflect their gender. We use our IDs to navigate all areas of life, driving, voting, employment. Having an ID that reflects who you are is a basic form of dignity that many take for granted.
“This new policy from DPS denies trans people the minimum respect of having a state ID that reflects their identity. Last year the Texas Attorney General tried to collect driver’s license data from trans Texans, now DPS has created a system to log every request for a gender marker change. Texans will now be subject to involuntary surveillance for simply trying to update a government document. There is no clear reason why this information would be useful to the DPS nor is there a legitimate reason to deny gender marker updates on Driver’s licenses.
“Updating a gender marker in the state of Texas is a complicated process that requires the time, energy, and resources to secure a court order. If Texas agencies are free to ignore Texas court orders, what other parts of the law will they ignore? Yesterday the Department of Public Safety announced that it would ignore orders from Texas judges.
“Every Texan deserves privacy, respect, and safety.”