You carry your ID with you wherever you go. It’s only right that your primary identity document reflects your gender identity. Well, as best an ID can—it’s not always easy or accurate to sum an individual up in an “F,” “M,” or a gender-neutral “X.” And for many transgender individuals, their gender is not actually whatever box they checked when they received their license as a teenager.
The more accurate someone’s gender marker is to how they identify, the easier it is for individuals to gain access to (and feel safe in) public spaces. A growing number of states are accommodating their nonbinary, transgender, and gender-nonconforming residents—nearly half of the country now allows people to select an “X” gender designation for their driver’s licenses. Still, a majority of states still do not have a non-binary option. On top of that, many states unfortunately make updating the gender marker on your license far more challenging than it should be. If you’re transgender and looking to update your ID, here’s what to know about changing your gender marker on your driver’s license.
State-by-state policies
Every state has different rules and processes for updating gender on a driver’s license. One thing that most states have in common is you must be at least 18 years old to legally changing your gender on legal documents like a driver’s license.
This map from the Movement Advancement Project shows which states allow residents to mark M, F, or X on their driver’s license, color-coded by how clear and easy the state’s policies are for actually making those gender marker changes.
Here are all the states that currently allow residents to select an “X” gender marker on their driver’s licenses:
ArkansasCaliforniaColoradoConnecticutDistrict of ColumbiaHawaiiMaineMarylandMassachusettsMichiganMinnesotaNevadaNew HampshireNew JerseyNew MexicoNew YorkOregonPennsylvaniaRhode IslandVermontVirginiaWashingtonWhile the following states don’t provide a gender-neutral or nonbinary option, they do allow gender marker changes on driver’s licenses, but only with proof of surgery, court order, or an altered birth certificate:
GeorgiaGuam (U.S. Territory)IowaKentuckyLouisianaNorthern Mariana Islands (U.S. Territory)South CarolinaTennesseeTexasIf you live in a state not listed above, it may have an unclear, unknown, or unwritten policy regarding gender marker changes. There may be no court order or proof of surgery required, but still has burdensome process requirements that vary wildly. When you check out this map, be sure to click on your home state to read more about what its specific requirements look like.
How to prepare to change your gender marker
While each state has a different set of requirements, let’s look at New York’s process as an example of what someone should do to prepare for changing their gender marker on their driver’s license.
For making any changes to your driver’s license, you’ll need the DMV basics: Social Security Card (more on that below) and proof of your identity using a current government issued photo ID. There’s also a DMV-specific application for Permit, Driver License or Non-Driver ID Card.
According to the Sylvia Rivera Law Project, one of the most important things you might need to change your gender marker is a doctor’s letter affirming or attesting to your gender transition. This letter should have as clear and direct language as possible about what your gender marker should say. What’s more, once you acquire this letter, the law project recommends making physical copies: Some governmental agencies may take and keep your letter for their records.
Finally, if you’re changing your gender marker on your driver’s license, you’ll need to change it across all your legal documents, in order to avoid the pain of mismatch errors down the line. Social Security is one of the first documents you should update, as that will make it easier to then go about confirming your gender for your passport and driver’s license and so on. Here’s the official Social Security guide to updating your gender on record.
For many transgender individuals, legal documents have a resounding impact in ways big and small. Whether it’s how you’re being addressed in your junk mail, to how you’re treated by TSA, to how the bouncer at your favorite bar checks your ID—you deserve to move through the world as safely and true to yourself as possible.
