Welcome to Legal Issues and Documentation 101 for Trans Individuals & Families

Welcome to Legal Issues and Documentation 101for Trans Individuals & Families Philadelphia Trans-Health Conference 2012 Professor Shawn Markus Crincoli

Workshop Overview • The myth of legal sex or gender • Statutes or administrative policies • People who “make law” via decisions • “What’s in your wallet?” exercise • An overview of ID and documentation • Overview of key pieces of ID/documentation • Focus on ID documents/card; “lifecycle” events • Step-by-step “how to” for transition • Spoiler Alert: No perfect universal plan – balance of time, cost, geography, status, personal feelings

Workshop Details (continued) • What you can do for yourself • And how the internet can help you • What attorneys can do for you • How to find trans-friendly representation or assistance • Specific groups (in brief) • Includes: youth, immigrants, veterans, indigent, prisoners • Glass Half Empty/Half Full • Cautionary Tales & Ongoing Challenges • Breakthroughs & Signs for Optimism • Resources • Bibliography & links • Organizations that can help you

What is my Legal Sex or Gender? • Answer: Trick question! • In the United States (& in some other countries), NO ONE has an “official sex” or “official gender” • “The Law” ≠ One and only One Gender Stamp • Each jurisdiction or agency makes its own law • Reality of law = What people do, not just what books or statutes say

Who Gets to Decide? • Expert Punting • Lawyers & Law-Makers expect Medical Providers to answer complicated questions of sex and gender with easy, binary answers • Medical Providers expect Lawyers & Law-Makers to have coherent, consistent methods for sex or gender stamping • Gate-keeping & Evaluating • Can range from significant to non-existent; not always easy to predict in advance (many protections are advised based on the unknown future person)

What’s in Your Wallet? • Take a few minutes to look through the contents of your wallet, purse, pockets, backpack, etc. • What types of identification documents or cards did you find? • How many items of identification are you currently carrying that have any of the following? • Your name • Your “legal” or “official” name • A number unique to you • A sex or gender marker • A photo of you (note how recent the photo is) • The power to access your finances, credit or debit

The WHEN of the What • How often have you used any of these items in: • The past day? • The past week? • The past month? • Did you have the option of *not* using the item or relying on it? • What settings and contexts trigger the need for identification documents? • Things you can “control” vs. Things you can’t • What important documents, papers, and cards do you have that you *don’t* carry with you on a daily basis?

The Origin Government Document • Birth Certificates (and international equivalents)

Other Government ID/Documents • Driver License (or non-driver photo ID) • Passport • Social Security

The Why Behind the ID • ID/Documents can prove *2* different things: • IDENTITY – This means that you are who you say you are. Usually will include photos or other records tracing you back to yourself in prior ID/documents • CITIZENSHIP – This means that you are legally allowed to reside in the country/jurisdiction with all the rights and benefits that come with legal residency • It can be important to have *both* types of ID/documents & it’s often impossible to get “new” government ID without each of these • * Make sure all ID “traces back” or links back

Changing ID while Transitioning • Multiple ways in which ID might change: • New name • In US, changing name ≠ changing sex • Involves court petition & approval (some: hearing) • Time consuming & costly, but doesn’t require health provider’s signature • Changing sex or gender marker • “Court approved” process vs. administrative • Different standards & many recent changes • New photo • Need to pay for new ID. An overlooked option. • New signature (usually due to new name) • Important for financial/banking/credit/debits

Overview of Name Changes • Recommended as the “first step” in changing ID or documents • Strong legal right to change your name (in theory) • In practice, based on people involved • If you have difficulties, trans and/or LGBT legal organizations can often help or step in • If you are planning to change sex/gender markers (and can), more costly to change everything twice • “Official” Legal Issue: Do you have a fraudulent purpose, creditors or criminal record you are trying to avoid? • Ok if you have debt. Just make sure you are honest and inform everyone with an interest. OK to have been arrested and usually Ok with past misdemeanors. Don’t hide info.

Petitioning for a Name Change • What petition/order to use to get your name changed? • Samples exist online • e.g., http://srlp.org/resources/namechange • Some counties or states have a standard computer generated form they want you to use & may pressure you to do so. Note: These forms may be gendered. • Even if you aren’t changing sex/gender marker, your court ordered name change will be the official legal name change you will need to show, so you may wish to avoid mis-gendering pronouns about yourself. • What reason to give for the name change? • Personal choice/Strategy

Logistics of the Name Change • Fingerprinting – Sometimes required • Hearings – Some will need to go before a judge in open court. Judges are…<drumroll>…people. • Notice requirement – Unless waived, you will have to publish notice of the name change in a local paper • Easier in some places for safety-based waiver • Sealed record – Not usually common • Juveniles – Typically need parent consent; sometimes also “best interests of child” • Cost – Can be anywhere from $80 to $500 (likely ballpark $100 to 300 + fees for publication & copies) • Note: Can receive a fee waiver based on petition, showing of no/low income • Don’t need attorney. Follow directions EXACTLY.

Driver License Sex/Gender Marker • Driver License (or Non-Driver Photo ID) • More states allow easier method of changing sex marker • Does require health care provider (can be social worker, licensed counselor, etc.) • Typically requires them to state /sign that the marker you want on the ID is the gender that predominates • Even if you don’t drive, can get a non-driver photo ID • Proves IDENTITY (not citizenship) • Usually more affordable (under $50) & good for 5 years • Most commonly shown & accepted photo ID in US, so worthwhile to have recent photo EVEN if name or sex marker is not changed or updated

TidBits about Driver Licenses • If moving is an option, you can obtain a new driver license once you have established residency in the new state (typically 60 days). • Good strategy: Moving to a location that allows you to amend your ID more easily • However, if you change your license & then move somewhere that is more difficult, you may not be able to trade your old (good) ID for a new (good) one • -> Goes back to Origin Documents, Identity & Citizenship (potential for passport) • Additional DMV Hurdle: Screener may make sure you have correct ID and forms filled out/to fill out before even letting you take a # to see a clerk

Passport Sex/Gender Marker • United States Passport Card or Book • Standards were updated in 2010 • Requires licensed physician (with DEA #) • Does not require any type of surgery • Need “appropriate clinical treatment” • 2 year version & 10 year version (transition “in process” or “complete”) • PROVES IDENTITY AND CITIZENSHIP • Information easy to find & understand online: • http://travel.state.gov/passport/get/first/first_5100.html • http://mazzonicenter.org/sites/default/files/ma_resources/Name_Change_Kit%202011%20(Updated%209%2020%2011).pdf

TidBits about Passports • Can be used to verify citizenship in lieu of a birth certificate; good “work around” for bad state policies • First time applicants must go in person, but can apply in a different location than where you live • Will require current photo ID that looks like you • Some can change by mail instead of in person (based on having prior valid passport), but may still require you to show up in person (local agency – often post office) & sign to verify identity • Cost – Around $130-180. Extra fees to Expedite. • Processing Time – 4 to 6 weeks (now)

Social Security Sex/Gender Marker • Social Security • Requires licensed physician • Does require “sex reassignment” surgery • Does not specify *which* surgery • Card itself does not list sex or gender • * 2011 Policy change – no longer issuing ‘no match’ letters based on mismatched gender • Proves citizenship or lawful residence (for purpose of work and/or benefits) • * Critical for Obtaining Legal Employment or SSA Benefits

Social Security Sex/Gender Marker • Variation in scrutiny of supporting documents when done in person • Can be done by mail (but must use ORIGINAL documents and certified copies & plan to get them back) • Without no-match letters & no marker on card itself, less important to update sex/gender as opposed to name • IRS will use SSN but not in business of marking gender • Due to identity theft, # should not be used if possible • Cost – New card is free. Low fees for replacements. • Additional SSA hurdle: Screener/security may ask why you are there

Birth Certificate Sex/Gender Marker • Birth Certificate or Equivalent Record of Birth • Mixed standards: Some states and countries do not allow for ANY change. Fewer make it easy. • Many require proof of surgery OR a “court-approved sex change” (which also often means surgery) • Can be more complicated if born in a state requiring court process but living in a state with no such system • PA follows US PASSPORT standards; NY & DC require surgery (NYS & NYC differ) • Proves CITIZENSHIP (but not identity)

TidBits about Birth Certificates • Typically changes processed by mail • Cost – Approximately $50 (extra copies cheaper) • Cannot change where you were born (sorry) • Often worthwhile to amend *name* even if can’t change sex/gender marker • Good news (sort of): Laws are slowly changing; many administrative policies are old & need revision anyway; US Federal policies are becoming more progressive • Bad news: BCs used most often in vulnerable situations – youth, shelters, prisons, etc. • Additional Birth Certificate Hurdle: Some states amend the certificate on its face, which reveals the changes to anyone who views it

Tips for Success with Government • Read the instructions aloud & have someone else double-check that you have what you need. • Print out the policies & have your forms filled out in advance; organize your material • Plan on it taking extra time • Bring someone supportive with you, if possible • Prepare for having to show ID incongruent with your gender to multiple people • Note: If you can choose a different DMV or SSA office in your area that will be more trans-friendly or where you feel ‘farther from home,’ that can be helpful) • Expect multiple trips for the same reason; if you make it in one try, celebrate!

Attitude – Business Casual • Do not assume that people will discriminate or be anti-trans. Be ready for the “eye scan” that *should* check to make sure that you are really you. • Have your forms & documentation organized neatly (papers should look “professional”) • Have policies with you, but do not give people more than they ask for/require • Adopt a signature line or mantra that you are comfortable repeating to many people: • Example: “I am here to <change the name/gender on my…>. I have brought all the necessary forms and documents.” • If you bring someone with you to assist, be sure to identify who they are & why they are there or have them do so.

Really Random Challenges • Bring change for transit or parking • Have two pens that work and write in non-smudging blue or black ink • Pay careful attention to what methods of payment are accepted – some places want cash or check, others *won’t* take cash & use credit/debit cards • There is always rain in the forecast when dealing with government bureaucracy. Bring an umbrella. • Agencies & Courts often use metal detectors & x-ray your bag. Plan accordingly to streamline this process. • Maintaining the focus to know that you will have the ID/documentation you want if you can endure

List of Places to Change Info • Current employer • Prior employers – if you wish, important for reference check • Voting registration – can be done with other government IDs • Veterans Administration • Property Owned – mortgage, deed, vehicle registration • Insurance policies– e.g., auto insurance, health insurance • Families: Others (spouses, parents, etc.) may need to change how you are listed as a beneficiary • Current Service Providers – e.g., utility companies • Banking & Financial – Banks, Credit Unions, Debit/Credit Card companies, Pensions or Retirement accounts, Credit Rating Agencies • Education – diplomas/GED, transcripts, school records (youth) • Professional memberships or licenses; Library & Civic Associations, Gyms/Y, etc.

How To – All Those “Other” Places • Can send brief letter or fax. Sometimes email or phone call can even take care of it or start process. • “I have legally changed my name from <x> to <y>. Please update your records to reflect my new name of <y>. Please see attached copies of current, valid ID supporting this.” • Can use explicit or implicit version of gender change for binary changes • Style 1: “I have also transitioned from <gender> to <other gender>. Please update your records to list my gender as _____ & refer with ______ titles and pronouns, such as “Mr./Ms. or he/him/she/her” • Style 2: Within name change, use the correct new gender title about yourself (Mr., Ms., etc.)

What do They Need? Depends • Copy of court ordered name change • Tip: Keep one certified copy unstapled for purposes of photocopies or faxing • Copy of Driver License or State Photo ID • Some may need new signature/signature card • May need to visit banks in person (or have quicker results, especially if accompanied with another related person) • Can visit larger financial institutions in more progressive locations

What About Spouses & Partners? • Marriage or Domestic Partnership • Pre-Transition relationships & benefits • Post-Transition relationships & benefits • Role Pre & Post Nuptial Acknowledgments of Transgender Status • Health Care Proxy and/or Power of Attorney • Durable Power of Attorney • Wills and/or Trusts – ensuring beneficiary status even if marital relationship is invalidated later on • Some documents can be prepared with state appropriate forms, witnesses, notary • Some require more specific legal assistance or representation

What About Parenting? • Seek Legal Help! • LGBT issues of custody, particularly as related to non-custodial parents are complicated, jurisdiction-specific, and require the attention of an expert • Trans-parenting often requires creating legal rights via second-parent adoption, yet also requires additional protection linking rights to the child, even if someone were to “invalidate” a marriage/relationship • Minor errors in documents can lead to major consequences if the relationship between the parents breaks down • Seek Legal Help!

Disclaimers & Caveats • “Always in motion is the future” • Changes in technology, searching & record keeping • Information can become out-of-date quickly • Using identification documents is not the only way that someone may determine your “legal sex” & not all situations require them to • e.g., Sex-Segregated Facilities - Prisons & Shelters • Just because you’ve changed all government documents does not “protect” you from all future challenges • Courts have held birth certificates or other government documents *not* to be controlling in certain contexts • Anytime children or youth are involved, expect extra scrutiny

Resources and Links • *Transgender Family Law: A Guide to Effective Advocacy, Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder • Target audience: Attorneys representing trans clients • Helpful for anyone with “college-level” reading ability; May also want to bring it/give it to attorney or professional • Local: The Mazzoni Center Guide for Changing Your Name and Identity Documents in Pennsylvania • http://mazzonicenter.org/sites/default/files/ma_resources/Name_Change_Kit%202011%20(Updated%209%2020%2011).pdf

Resources and Links • Good internet communities for sharing anecdotal info: • http://www.susans.org/forums/index.php • http://www.lauras-playground.com/forums/index.php? • Helpful to find someone who has experience in your location (the law of what people are doing as opposed to what the law or policy is) • Caveats: • Everyone’s experience is different • Internet communities often share incorrect information or out-of-date information

Organizations Providing Legal Help • National Center for Lesbian Rights (NCLR) www.nclrights.org • Lambda Legal www.lambdalegal.org • Gay & Lesbian Advocates & Defenders (GLAD) Transgender Rights Project www.glad.org • American Civil Liberties Union (ACLU) LGBT Rights Project www.aclu.org/lgbt-rights/transgender • National Center for Transgender Equality (NCTE) www.transequality.org • Transgender Law Center (TLC) www.transgenderlawcenter.org./cms • Sylvia Rivera Law Project (SLRP) www.srlp.org • The Transgender Law and Policy Institute (TLPI) www.transgenderlaw.org • Transgender Legal Defense and Education Fund (TLDEF) www.transgederlegal.org

Additional Legal Help • For specific populations: • Immigration Equality www.immigrationequality.org • ServicemembersLegal Defense Network (SLDN) www.sldn.org

Welcome to Legal Issues and Documentation 101 for Trans Individuals & Families