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This is not legal advice, which can only be given by an attorney admitted to practice law in your jurisdiction after hearing all of the facts and circumstances in a particular case.

Tuesday, July 19, 2011

Alaska sued in transgender driver's license case - Sacramento News - Local and Breaking Sacramento News | Sacramento Bee

Alaska sued in transgender driver's license case - Sacramento News - Local and Breaking Sacramento News | Sacramento Bee: "The American Civil Liberties Union is suing the state of Alaska on behalf of a transgender woman, alleging that it denied her a driver's license listing her gender as female unless she provided proof that she'd undergone a sex change operation.

The lawsuit, which ACLU said was filed in state court in Anchorage Monday, states that denying the woman a license that accurately reflects her gender identity because she hasn't undergone surgery is unconstitutional."

4 comments:

sweetbrandigirl2004 said...

Jillian I would completely disagree with the ACLU reasoning. To begin with a drivers license isn't meant or Intended to project anyones "Gender Identity" it's meant to Identify ones SEX. That said regardless of whether one feels like a male or female inside it's their true sex that is of concern to the DMV and provided they have had surgery either FTM top surgery and histo or MTF GRS they won't have any problems getting a drivers License. The trouble start when the Transgender try forcing their third gender upon society and demanding to be accepted as the sex they wish to be seen as even when they do not meet the standard requirements to be considered that sex.
This suit will fail just as the one in NY did and once DOMA falls which shouldn't be to much longer since hearing are underway now the Trans umbrella will be closed and put back in the closet, as they will lose the support of the gay & lesbian community. Them (the Transgender) not having the numbers to warrant any serious attention will evaporate....IMO

Dr. Jillian T. Weiss said...

Brandi, I agree that changing one's driver license is about indicating a change in sex, rather than just one's internal feelings of gender. However, as my research indicates, gender and gender identity are a component of legal sex. You can read that article here. I don't know what medical procedures the plaintiff here is considering. I do think that a transsexual person going through the real life experience for a minimum of one year should not be required to present a drivers license to all and sundry that outs them.

sweetbrandigirl2004 said...

Jillian I think that any transsexual who's at the stage of going through RLT is most likely still in the stage were they aren't passable and hus is outed just by their own presence, so I don't agree that having an F on their drivers license is going to save them from being outed. I think it's more a badge of felinity for the Transgender to hold up and wave to the world saying look I'm a real women and society accepts me.

AndreaD said...

How about changing it because of the states where you can be arrested for using the bathroom opposite of what your ID says. When I was driving big rigs this was a serious concern for me because my licensing state wouldn't change my ID until I provided a letter stating I was post surgical. So my options became (if a 'family' bathroom was not available) use the men's room and risk assault or use the women's room and risk arrest.