New MVA Policy Detrimental to Transgender Marylanders

The Maryland Vehicle Administration (MVA) is currently considering an update to their policy regarding changing the gender marker on a driver's license. The new policy would go into effect on January 1, 2010.

The current policy allows for a change to the gender marker, so long as an applicant is able to provide a physician's or psychologist's report to confirm that the applicant is in active treatment. The MVA requires annual re-evaluations until the applicant meets requirements for permanent gender change. The primary criterion for a permanent change is for the person to have undergone SRS or sex reassignment surgery.

Under the new policy, the MVA would require an amended birth certificate. This requires going through the court system. Maryland code states that it will issue a birth certificate reflecting the proper gender only upon receipt of a certified copy of an order from a court indicating that the sex of an individual born has been changed by surgical procedure and whether such individual's name has been changed. You cannot change the sex on a birth certificate simply by providing proof that you are undergoing medical treatment or procedures for gender reassignment.

The MVA has authority under the Maryland Transportation Code to issue corrected driver's licenses and to establish the rules and regulations for such issuances; however, there have not been any problems with the current process, nor have there been any changes in state or federal law that would require such a change.

"The current policy is working. It balances the need of the state to provide appropriate protocols with respect for the individual," said Morgan Meneses-Sheets, the Executive Director of Equality Maryland. "These changes would create additional hoops and legal fees for transgender Marylanders who are looking to update their driver's license. Having a legal identity document that does not match a person's gender exposes them to potential risk not just of embarrassment, but of harassment as well."

While Equality Maryland has expressed concerns regarding the overall impact of this detrimental shift, they are especially worried about the impact on low-income Marylanders. In a survey done by the National Center for Transgender Equality (NCTE) and the National Gay & Lesbian Task Force, they found that 27% of transgender individuals make less than $20,000 a year; 15% make less than $10, 000. Much of this is due to the fact that transgender people are so often the victims of discrimination in the workplace. By requiring additional legal fees to obtain a license with the correct gender marker, an added financial burden is being placed on a community that is already struggling. Approximately 1/3 of transgender individuals are black, and it should be especially noted that 35% of transgender African Americans make less then $10k. This places an added financial burden to people who are already financially destitute.

A similar change was considered in the past. Due to the fact that the MVA was unable to demonstrate sufficient reasoning behind the alternation it was halted. There is still no evidence of the need for a policy change. The policy that we have in place is similar to the requirements in several other states.

"A policy update that is made without any real need that has such a terrible impact on a community does not seem like a very logical decision or a fair course of action by a government agency," added Ms. Meneses-Sheets.

Equality Maryland has been working hard in coalition with several of our partners to resolve this matter, but at this point the MVA is prepared to move forward with this very backward and potentially dangerous policy change in the New Year. They are calling on their members to contact Governor O'Malley, Attorney General Doug Gansler, MVA Counsel Jonathan Acton and Motor Vehicle Administrator John Kuo.

"We are very concerned about the impact that this will have on transgender Marylanders. We are still hoping that the implementation of this harmful policy change will be halted," Ms. Meneses-Sheets concluded.

Equality Maryland (equalitymaryland.org) is Maryland's largest lgbt civil rights organization, focused on making life better for gay, lesbian, bisexual and transgender citizens of Maryland. Equality Maryland works to secure and protect the rights of gay, lesbian, bisexual and transgender Marylanders by promoting legislative initiatives on the state, county and municipal levels and educating the public about the issues faced by our diverse community.