By: Jodi Argentino, MS, Esq. (she/they)
With a new presidency on the horizon and potential rollbacks to transgender rights being openly discussed, there has never been a more urgent time for transgender and nonbinary individuals to update their legal documents to reflect their true names and gender markers (even if their home state does not allow for birth certificate changes). This step goes beyond personal affirmation; it serves as a powerful shield of legal protection in an increasingly uncertain political landscape.
Some political leaders have pledged to reverse protections and policies that support transgender people, such as access to affirming healthcare, recognition in schools, and updated (accurate) identification documents. This shifting climate may lead to new restrictions or heightened barriers for trans people seeking accurate ID changes, possibly adding more red tape, costs, or outright legal roadblocks.
By updating documents now, transgender people can do their best to ensure their identity is affirmed and legally recognized, at least on paper, regardless of any impending policy changes. Accurate IDs reduce the risk of discrimination in employment, housing, healthcare, and everyday interactions. Moreover, they can provide critical legal advantages if challenged by more restrictive policies at the federal or state level. For example, possessing a passport or driver’s license that matches one’s true identity can mitigate challenges to accessing services or traveling (including long-term traveling – say 4 years in another country), and may help even in jurisdictions with trans-hostile policies. (However, please be mindful of safety concerns with alerting hostile state governments of your ID changes. This danger is real.)
Political momentum aimed at restricting rights for transgender individuals may impact how easy—or difficult—it will be to secure accurate legal documents in the future. While the process (such as name changes through the courts) does take time, addressing this immediately will increase the likelihood of success. If your state has a streamlined process (looking at you NYC) or has self-attestation paperwork as the only necessary filing for gender-marker changes (hey NJ), don’t delay in affirming your identity now.
I despise having to tell my fellow queer people to run to the lawyers’ office, courthouse, DMV, passport agency, etc. The last thing I want is to burden my community further by pointing out the self-advocacy that once again lands upon their shoulders. However, this is where we are – and today, I’m a realist. By acting now, transgender people can do their damndest to protect their dignity, assert their identity, and strengthen their resilience against potential political reversals.
In this climate, securing accurate identification is not only an act of self-empowerment but a crucial step to navigating a politically charged environment that threatens to undermine transgender rights and recognition.
