8 Attorneys General Argue Proposed Changes Conflict with State Laws, Create Confusion, Increase Costs, and Harm Transgender Americans
Attorney General Dan Rayfield today and a coalition of 8 attorneys general submitted a comment letter to the U.S. Department of State, opposing proposed changes to the passport application process that would prevent transgender individuals from obtaining a passport that matches their gender identity.
“This proposed change undermines the fundamental rights and dignity of transgender people,” Rayfield said. “It creates further harm to a community already vulnerable to discrimination. We’re standing up to any effort that seeks to erase their identities and equal protections under the law.”
On January 20, the Trump Administration issued an Executive Order declaring that the United States will only recognize two sexes, male and female, and instructed the Secretaries of State and Homeland Security, among others, to “implement changes that require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex,” as defined by the Executive Order. Subsequently, the U.S. Department of State proposed changes to several passport information collection forms. The Executive Order and proposed form changes break with decades of federal policy on gender identity, including the ability for individuals to change gender markers in identifying records and documents.
In its comment letter, the coalition argues that the proposed changes would significantly harm non-binary and transgender people. Forcing a transgender or non-binary person to have identity documents that do not align with their gender identity impedes their ability to live and travel. For example, when a person’s passport does not match their physical appearance, it could cause confusion, delays, or harassment when they travel within the United States and internationally. These harms compound the psychological harm that could result from the new policy.
Further, the coalition argues that the policy would cause considerable confusion between state-issued identification cards and federal identification documents. The proposed changes conflict with state laws that permit gender marker changes on identifying documents, allowing individuals to participate society and obtain public benefits. At least 16 states, including Oregon, allow transgender and non-binary people to correct their state-issued birth certificate to accurately reflect their gender identity. If identifying information on state-issued documents does not match with information on federal documents, individuals would likely experience delays when trying to access resources, and states would likely be forced to expend needless resources to review mismatched documents.
Joining Attorney General Rayfield in submitting the comment letter were the attorneys general from Connecticut, Hawaii, Massachusetts, Minnesota, Nevada, New York and Vermont.