HOUSTON — Civil rights groups are considering legal action after the Texas Department of Public Safety said it would no longer accept court orders to change the sex of individuals’ driver’s licenses to align with the gender they identify with.
“Effective immediately, August 20, 2024, the Department will not accept court orders or amended birth certificates that change the sex when it differs from documentation already on file,” the email read.
The policy became known after an email was leaked to the public showing the directive to DPS employees.
Along with the rejection of court orders, the email also instructs employees to collect the information of those seeking to change the sex and gender on their driver’s license and submit it to an email.
DPS said in a statement to KHOU 11 News the directive came from the Office of Texas Attorney General Ken Paxton.
“The Office of the Attorney General (OAG) has recently raised concerns regarding the validity of court orders being issued which purport to order state agencies—including DPS—to change the sex of individuals in government records, including driver licenses and birth certificates,” the agency said in a statement.
“Neither DPS nor other government agencies are parties to the proceedings that result in the issuance of these court orders, and the lack of legislative authority and evidentiary standards for the Courts to issue these orders has resulted in the need for a comprehensive legal review by DPS and the OAG,” the statement went on to say.
Representatives with the ACLU of Texas told KHOU 11 News the policy change is legally questionable.
“What DPS is doing is not legal or constitutional, no agency can just ignore a court order,” Ash Hall, a policy & advocacy strategist on LGBTQIA+ Rights for the ACLU of Texas, said in an interview. “There's also very likely a discrimination case here because it's meant really only to block transgender people from making changes to the driver's licenses, not anyone else.”
The organization said it is reviewing the information on the topic and considering all options, including legal ones, before going forward.
Advocacy groups for transgender Texans say the issue is more than an inconvenience, it’s also an attack on a vulnerable group.
“Having an ID that aligns with who you are, number one, is a basic issue of dignity and respect,” Brad Pritchett, the interim CEO for Equality Texas said in an interview. “But number two, if there's a mismatch on that ID versus other paperwork you may be presenting, it could cause complications for folks.”
They also question Paxton's motives.
“A good question for folks to be asking is how much taxpayer time and energy and money has Ken Paxton spent attacking transgender Texans,” Pritchett said.
Transgender Texans who go through the process to get the court order for the change on the driver’s license say it is a long and complicated ordeal, but one that is worth it.
“It was just complete euphoria,” recalled Pete Makopoulos-Senftleber – the board chair and a volunteer attorney for Trans Legal Aid Clinic of Texas.
Makopoulos-Senftleber said he went through the process in 2017.
“The right name and the right gender, sex on it just completely changed everything about my life,” Makopoulos-Senftleber told us.
Now, he is concerned about the uncertainty for transgender Texans across the state in what he says is the latest chapter in restrictions for his community.
“It feels like we're being robbed of different rights every day and this is no different,” Makopoulos-Senftleber said.
The Office of Attorney General Ken Paxton did not return KHOU 11's request for comment.
Resources for transgender Texans
Transgender Education Network of Texas - https://www.transtexas.org/
Equality Texas - https://www.equalitytexas.org/
Trans Legal Aid Clinic of Texas - https://translegalaidtx.com/