2005 News
Transgender Equality Campaign Launched
NCTE and HRC Team To Empower Increased Education of Policymakers
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November 3, 2005 - The National Center for Transgender Equality, in collaboration with the Human Rights Campaign, today unveiled the first in a series of ads aimed at educating Congress and the Washington policy community about transgender people and issues that affect our lives. Today's ad, appearing in Roll Call, is the first in a series to be rolled out over the next few months.
Read full press release »
VICTORY!
September 29 - Governor Arnold Schwarzenegger signed bills into law that increased legal protections for the LGBT community.
One bill (AB 1586) requires that health insurance providers do not discriminate against transgender people. The bill adds transgender protections to existing anti-discrimination provisions that regulate insurance companies and health care service plans.
The Civil Rights Act of 2005 (AB 1400) was also signed. This bill strengthens protections against discriminatory practices toward LGBT people. "Businesses should be discrimination-free, and our community deserves nothing less than full equality," said Equality California Executive Director Geoffrey Kors.
Read more here.
VICTORY!
September 14 - Today, a majority of members of the United States House of Representatives voted by a vote of 223-199, including 30 Republicans, to pass a federal hate crime law that would include all lesbian, gay, bisexual and transgender people. The provisions of HR2662, the first ever piece of major trans-inclusive legislation was attached as an amendment to the Child Safety Act.
According to NCTE Executive Director, Mara Keisling, “At least one chamber of Congress has finally made a statement that it not acceptable to hurt or kill transgender people because of who we are. This is a pivotal vote for transgender people who have been working diligently for years to educate Congress about transgender people and our lives.”
Passage of the underlying bill (HR3132) The Child Safety Act is expected momentarily.
A more in depth analysis will follow.
REAL ID Act Passes Senate, Signed by President Bush
Creates National Standards for Driver’s Licenses
June 10 - The REAL ID Act, a recently passed law that has the stated intention of improving homeland security, was passed by the Senate and signed into law by President Bush on May 10th, 2005. The Act tightens immigration and asylum requirements, as well as national standards for driver’s licenses.
One of the provisions of the REAL ID Act requires all 50 states to meet certain federal standards in their issuing of driver’s licenses. If the states do not meet these requirements, federal officials will not accept the license for ID purposes. (For example, a non-compliant ID could not be used to board a plane or train.) These standards require the states to include the following on their driver’s license: full legal name, date of birth, gender, ID number, digital photograph, address, signature, security features, and a machine-readable technology. The states have three years after the Act’s passage to comply, meaning that all fifty states should be in compliance by May 2008.
In addition, the REAL ID Act requires license applicants to prove that they are United States citizens or documented immigrants. For most US citizens this will mean showing one’s birth certificate to prove citizenship. States then must authenticate the documents that applicants provide, which they have not generally done in the past. Lastly, the Act establishes an interstate database for the collected identification information to be used by local, state, and federal law enforcement officials. It is currently unclear what other officials or groups will have access to the database.
While it is unclear exactly what repercussions the Act will have for transgender communities since the law was just recently enacted, the REAL ID may make it harder for transgender people to obtain driver’s licenses and other ID with the correct name and gender marker information. Since the Act requires more documentation for obtaining licenses, in some cases this will reveal that only some of the applicant’s documents have been changed to reflect his/her name and lived gender. Transgender people may therefore be subject to greater security scrutiny, being “outed” to DMV officials and others in the area, and possible denial of a license that accurately reflects a person’s lived gender. NCTE will be following developments related to the REAL ID Act.
Shortly, NCTE will be releasing a document on the REAL ID Act and its possible repercussions for transgender people.
The Times They Are A-Changin’:
Changing the Name or Gender Marker on Social Security Cards and Passports
June 10 - Recently, the National Center for Transgender Equality (NCTE) has been receiving phone calls from concerned individuals who are having difficulties changing information on particular documents. In response to this, NCTE has spoken the Department of State and Social Security Administration about official policies on changing one’s name and gender marker. Here’s what we were told:
To change your name on your social security, you will need to present one or more documents identifying you by both your old name that is in the Social Security records and your new name. Examples of such documents would include a court order changing your name, a marriage certificate, or a divorce decree. The government may also accept two identity documents - one in your old name and one in your new name, such as the old social security card and new driver’s license (as long as it has your social security number on it). The document identifying you by your new name must be recent. Generally, they prefer to see a document with a photograph. A non-photo identity document may be accepted, however, if it has enough information to identify you (e.g., your name as well as your age, date of birth, or parents’ names). Acceptable documents include a driver's license, marriage or divorce record, military records, etc. All documents must be either originals or copies certified by the issuing agency.
To change your gender marker on your social security, you must bring a letter from your surgeon or attending physician verifying that “gender reassignment surgery has been completed.” All documents must clearly identify the individual.
To change your name on your passport, you may either provide a certified copy of the legal document specifying the name change (e.g., marriage certificate, divorce decree, or court order) or show that it was changed by other means (such as a common-law name change). If you have a legal name change, you may change your name by submitting the appropriate paperwork through the mail. If your name was changed by other means, you must apply in person.
There are two ways to change your gender marker on your passport, one method for those who are about to have gender reassignement surgery and another for those who have already had surgery. If you have not yet had surgery, you will need a recent photograph and a statement from your physician or surgeon. The statement should outline your medical history relating to gender reassignment, including past psychological and hormone treatment, your current stage of transition, and the approximate date of your gender reassignment surgery.
This passport is only valid for one year, and will only be issued once. Please take this into account when determining whether, and when, to get your passport changed pre-surgery.
If you have had gender reassignment surgery, you will need a recent photograph and a letter from your physician or surgeon documenting “gender transition.” The letter must include a detailed statement from the physician/surgeon stating that gender reassignment surgery has been or will be performed and include details of the surgery. There is no requirement that certain procedures or surgeries must have been performed. However, the physician/surgeon needs to state that gender reassignment surgery was completed on a specific date.
Shortly, NCTE will be releasing a guide on changing name and gender markers on IDs.