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12 attorneys general oppose passport application changes targeting Trans people

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Courtesy of SGN Publisher Renee Raketty
Courtesy of SGN Publisher Renee Raketty

Twelve attorneys general banded together to submit a letter in opposition to suggested changes that deny Transgender people the right to a passport that matches their gender identity. Many Transgender people knew that gender markers on all forms of identification would be a pressing issue during the Trump administration, and while some worked to update their documentation before the inauguration, they were met with inaccurate gender markers.

On his first day in office, Trump declared that the US would only recognize two sexes, male and female, and directed agencies, including the secretaries of state and homeland security, to implement changes that force Transgender people to hold documentation showing their assigned sex at birth.

"These discriminatory rules would add confusion and costs for taxpayers merely to satisfy the president's fixation on dehumanizing an entire class of people," Washington Atty. Gen. Nick Brown said.

Massachusetts Atty. Gen. Andrea Joy Campbell and New York Atty. Gen. Letitia James, who led the charge on this letter to the Department of State, were joined by the attorneys general of Washington, California, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, and Vermont.

The letter notes how approximately 1.6 million adults and children in the US identify as Transgender, out of which 341,800 adults identify as Nonbinary or gender-nonconforming. It mentions how transitioning frequently consists of changing names and gender markers on legal identification documents.

"When a transgender, nonbinary, or intersex person possesses accurate identification documents— ones with gender markers that match their gender identity — they may move through the world as themselves, without 'outing' themselves to everyone who sees that documentation," the letter states.

The attorneys general argue that Trump's proposed passport documentation changes conflict with state policies, increase costs, compromise the right to travel, and harm Transgender and Nonbinary people.

"If these changes take effect, transgender, nonbinary, and intersex individuals may have accurate gender markers on most or all documents except their US passports, which... may pose issues as individuals engage in daily life — enrolling in school, establishing parentage, or proving work authorization with an employer — and exacerbate their gender dysphoria," according to the letter.

The attorneys general also argue that the proposed changes may impact a Trans or Nonbinary person's involvement in society altogether, like being denied entrance to events due to gender markers.

"Security guards may interpret the mismatch between a transgender, nonbinary, or intersex person's physical appearance and the 'M' or 'F' on their passport as a sign of a counterfeit document — which security may feel empowered to confiscate," the letter states.

If these changes are implemented, Transgender and Nonbinary people using passports to open a bank account, enroll in university, or apply to jobs will likely be outed.

The attorneys general added that the "proposed changes would not achieve any legitimate purpose."
Washington state currently allows Trans and Nonbinary people to make alterations to their state- issued birth certificates.

For more information, visit https://doh.wa.gov/licenses-permits-and-certificates/vital-records/sex-designation-change-birth-certificate.

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