Luna Cisneros is a parent, a veteran, a proud member of the Brownsville LGBTQ Task Force, and a fierce drag performer from the House of Karr. In a phone interview, Cisneros described the difficulties transgender individuals face in finding employment, especially when their identification does not reflect their authentic selves. She recalled how previous employers did not respect her chosen name before her legal name change. “Navigating through meetings, paperwork, and social settings with that name, while looking different from that masculine name, was uncomfortable,” Cisneros said. She recounted the euphoria and happiness she felt two years ago when she changed her name and gender marker to reflect her true identity on her Texas ID.
Now, in a concerted effort by right-leaning politicians, trans and gender-nonconforming Texans are being denied the right to reflect their gender identity on critically important state-issued identification, such as IDs, driver’s licenses, and birth certificates.
DPS Weaponizing Public Services
On Aug. 20, Lori Gibson, chief of the Driver License Division at the Texas Department of Public Safety (DPS), ordered employees via an internal memo to stop updating gender markers on driver’s licenses and state IDs, even with a proper court order. The department’s policy change also requires a copy of the request to be kept on file despite not having the authority to share or disclose such information.
While Texas leads the nation in the murder of transgender people, particularly Black transgender women, politicians at the state level continue to target the trans community. According to The Texas Tribune, in 2022, the Attorney General’s Office requested information from DPS on how many Texans had changed their gender on their licenses. The agency responded that the information did not exist or could not be accurately produced and ultimately did not provide anything.
In 2024, those efforts are being renewed, similar to ongoing tactics in other states, including Florida, Kansas, Tennessee, and Missouri. Many advocates and members of the LGBTQ community view this as state overreach and a continued attack on transgender and nonbinary Texans.
“I know some of my friends have contacted me because they were in the process of getting their name changed. So now that everything is halted, they are in sort of a panic. They don’t know what to do or what’s expected,” said Luna Cisneros.
For Alice Parson, a lifelong resident of the 956, the changes at the state level are disheartening. “It honestly feels like a step in the wrong direction for those of us who are trying to get those measures corrected.” She described her transition as a “relatively tame story,” only slightly marked by discouragement in high school from the bullying she witnessed of another trans person. In college, she “took her time” until she could no longer deny her authentic self.
While Parson wishes she had started the process sooner due to the state’s current changes, she has a supportive social circle. “The government just needs to stop with the whole control of people’s physical states,” she said.
Although the consequences of requesting a gender marker change on a Texas ID or license at your local DPS office are present, it is still possible to request a name change with a proper court order, though not in conjunction with a gender marker change. According to the leaked memo, DPS will also collect and save denied requests.
Only two weeks after the DPS gender marker policy change, on Aug. 30, the Texas Department of State Health Services removed the option to correct the gender marker on birth certificates. The department replaced the option to correct sex after a medical or surgical sex change with “only the ability to correct the sex due to proven incompletion or inaccuracy of form and records at the time of birth,” according to the Transgender Education Network of Texas. This change effectively limits trans Texans from altering their sex on birth certificates, rolling back a right gained in 2009.
Despite the increased barriers to obtaining a Texas state-issued ID or license with the correct gender marker, it is still possible to change your gender marker on a U.S. passport and on Social Security information. However, this could change depending on the results of the 2024 election. Currently, the passport policy, managed by the Department of State, does not require medical documentation.
Trans Texans Deserve Gender Equality
Transgender and queer Texans belong here and should not face discrimination for simply wanting their state identification to display their correct gender identity. Texans should demand better from elected officials and not weaponize public services. Proper identification that reflects one’s gender identity is vital for all, and the fact that DPS is setting aside private information should be concerning to everyone.
While the DPS policy is in place, you can submit comments and let them know that this discrimination is unacceptable. “I encourage people to get involved in their elections at the county, city, and especially the big one that’s coming up,” Luna said. “Have a plan to vote.”
More importantly, check in on your queer and trans loved ones. Keep them informed, refer them to legal counsel for more information, and let them know that they are important and worth fighting for. Remember, there is strength in numbers.
In the Rio Grande Valley, individuals can find resources and community support through the South Texas Equality Project and Texas Rio Grande Legal Aid. There is also the Trans Legal Aid Clinic of Texas, Lambda Legal, and the ACLU of Texas. Other mental health support includes OutYouth.org, Trans Lifeline, and the Borderland Rainbow Center.
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