January 12, 2022 by Ashley Norris
Gender Marker and Name Changes for Trans and Gender Nonconforming Texans
Topic
Community Education
PRIDE without Prejudice is our virtual outreach series aimed at providing legal information and resources to the LGBTQIA+ community and their allies. Here at Lone Star Legal Aid, we recognize the importance of creating an online space where gay, lesbian, bisexual, transgender and queer individuals can get important information about their rights in the legal landscape.
For transgender folks, changing names and gender markers can be intimidating if you don’t understand the process. Statistically, only about 1 in 10 trans and gender nonconforming people have all their IDs align with their gender identity, and 1 in 3 have IDs that reflect their correct name and gender.
In our fifth episode of PRIDE without Prejudice, LSLA staff attorneys Brittany Hightower and Pete Makopoulos-Senftleber (Board President of Trans-Legal Aid Clinic) were joined by Nicholas “Guilly” Guillory, a Tyrone Garner Memorial Wall Fellow with Lambda Legal, to discuss changing names and gender markers. Lone Star Legal Aid is an LGBTQIA+ friendly provider of free civil legal services for low-income Texans.
What is a gender marker?
A gender marker, sometimes called a sex marker or sex designator, is a designation on an identifying document or in a database as male (M), female (F), or some other option like X, nonbinary, or undisclosed. This designation is traced back to your birth certificate.
Why is correcting a name or gender marker on identifying documents so important?
Identification documents are used in everyday life, whether it’s your driver’s license, health insurance card, bank card, social security card, passport, or even your store rewards card. Many entities and authorities issue these documents. Some are federal, some are state, and some are administrative agency related.
Transgender and gender nonconforming people experience much higher rates of unemployment, homelessness, poverty, and violence, and this is largely due to not having identification documents that accurately reflect who they are. When trans and gender nonconforming people have the correct name and gender on their IDs, it helps decrease the risks that unfortunately come along with their identity. Additionally, proper identification improves mental and physical wellbeing.
Why do many trans and gender nonconforming people skip the process of changing their name and gender marker?
Costs associated with name and gender marker changes are a major issue, but social barriers can make the situation seem impossible. Depending on which state you live in, you can expect to pay a filing fee, a fee to replace your drivers license, and many other small costs that add up over time.
The Name Change Process
In the state of Texas, you’re required to have a court order to correct state-issued identifying documents.
Getting a Court Order
The court order is sometimes referred to as a golden ticket, because it’s required for most of these corrections. To get this golden ticket, you must file a petition with the court. This is a lawsuit, but it’s special in that it’s a lawsuit with no opposing party. This must be filed with the district court in the county where you live.
Copies of this court order are called certified copies, and they’re issued by the clerk of the court. You will use the court order to correct your driver’s license, birth certificate, social security card, bank account information, and health insurance.
Attending Your Hearing
With most courts closed due to COVID-19, many are conducting hearings via video conferencing like Zoom or WebEx. You can call the court to ask about Covid-safety requirements, or visit the court’s website for a live stream.
The judge will review the documents you filed and ask you basic questions about these documents. The court process is transparent, so the purpose of these questions is to confirm that the information in these documents is true and correct.
The judge may ask ‘Why do you want to change your name,’ or ‘What do you want to change your name to?’
These questions, in addition to verifying that the information you presented is true and correct, are to ensure you aren’t changing your name for an unlawful purpose, such as to evade debt.
Additional Steps
If your name or gender marker is printed on a card in which the info lives in a database, you will need to correct this on your own by contacting the entity that maintains this information. The court order will not automatically update your information everywhere.
The Gender Marker Correction Process
Whether filing separately or together, you can file for a gender marker change as a resident of Texas. You can submit your documents through the court’s e-filing system, and should hear back within a few weeks or months once the judge has had time to review and either approve or deny your request. The documents you will e-file for a gender marker change include personal information like current gender, contact information, date of birth, social security number, the correct gender identifier, and your reason for wanting the correction. You will also need to file 1 (one) letter from a doctor or therapist that briefly states why the correction to your gender identifier is appropriate, based on treatment for transition related care. It is not necessary to file any additional letters, but this is up to you.
FAQs
Can someone still change their gender marker or name if they have a criminal background?
Yes. In your petition, you will have to disclose your criminal history. If you have a felony conviction, there are restrictions. You will need to have received a certificate of discharge by the Texas Department of Criminal Justice or completed a court-ordered community service form stating you’ve completed juvenile probation, at least two years before filing for your gender marker or name change.
Are there ways around the financial barrier for gender marker and name changes?
Yes. Those eligible can file a Statement of Inability to Afford Payment of Court Costs along with their documentation. A Statement of Inability to Afford Payment of Court Costs is a 2-page document that details your income expenses and asset information.
Can parents or guardians change their trans or gender nonconforming child’s name and gender marker?
Yes. If you’re the parent or guardian of a trans or gender nonconforming person under 18, you can correct the name or gender marker for them. This oftentimes prevents backtracking ID corrections on a driver’s license, diploma, or passport. Both parents or guardians will need to file as co-petitioners on behalf of their child, making sure they are both in agreement.
If you or someone you know needs legal help, you can apply at https://www.lonestarlegal.org or by calling 1-800-733-8394.
You can watch the full discussion that transpired during Episode 5 of PRIDE without Prejudice below:
Other resources
TexasLawHelp.org is a valuable resource for legal information, which includes gender marker and name change guides that make the process simple to walk through.
The National Center for Transgender Equality also has a document center that outlines how to update your documents issued by any agency.
The Travis County Law Library also has sample petitions for you to use.
Trans Legal Aid Clinic of Houston holds virtual clinics on the third Thursday and Saturday of every odd-numbered month to match you with volunteers across the state.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of Southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well‐being; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. To learn more about Lone Star Legal Aid, visit our website at https://www.lonestarlegal.org.
Media contact: Media@LoneStarLegal.org
