legal aspects of transsexualism in the US

[Anatta]

Kia Ora,

If you will excuse the pun, but it would seem for an American trans-person to travel across the states( going interstate on business or pleasure ) one wouldn't know  from one day to the next if they were Arthur or Martha according the the state they passed through...

When it comes to trans-people, there's nothing really 'United' about the legal 'state' of affairs 

"Now I'm legal...Now I'm not !" For an outsider like myself( who lives in a place where one law/legal recognition covers all)
it's quite confusing...How does one cope ?

http://en.wikipedia.org/wiki/Legal_aspects_of_transsexualism_in_the_United_States

Meta Zenda

[Flan]

For an American* it's basically 50 wanna-be nation states that happens to have a federal government that is supposed to be keeping things in an orderly fashion. For non-Americans your passport is generally the only thing that matters.

(*as in United States, not North America on a whole)

[aleon515]

I often think that living in the US is not exactly like living in one country. This explains everything:
Jesusland 2008

Hope this doesn't offend anybody but it shows Jesusland and the United States of Canada.


--Jay

[Jess42]

Kia Ora,

If you will excuse the pun, but it would seem for an American trans-person to travel across the states( going interstate on business or pleasure ) one wouldn't know  from one day to the next if they were Arthur or Martha according the the state they passed through...

When it comes to trans-people, there's nothing really 'United' about the legal 'state' of affairs 

"Now I'm legal...Now I'm not !" For an outsider like myself( who lives in a place where one law/legal recognition covers all)
it's quite confusing...How does one cope ?

http://en.wikipedia.org/wiki/Legal_aspects_of_transsexualism_in_the_United_States

Meta Zenda

Yeah, differing state have different laws for sure. I have travelled and still do for business in all 48 states of the Continental US. Different states have different speed limits, Marriage laws, driver's licenses and so on. Moving from one state to another is extrememly easy (other than changing everything over from one state to another) but you have to follow the particular state laws and regulations that you are moving to. I have lived in California, Georgia, Alabama, Wyoming and Arkansas. Loved Cali because of the diversity and decadence of the time I lived there. Also loved Wyoming because of the sparcity of people and spaces. The differing laws and regulations never bothered me though and I never really thought about it or noticed them.

When it comes to ID's cards, driver's licenses and registrations other than the mariage debate deal, each state pretty much honors the other's. I'm legal to drive in any state with the driver's license from the state that I reside in. If I am married in Texas and move to New York with my spouse, I am still married unfortunately. If you change your name and gender in one state, you'll still be that name and gender traveling through another state. This is mainly because the state you reside in has you registered as M of F and whatever name on your ID. There are circumstances in which you may not be treated that way by less cultured locals and cops and they may slip up and call you the wrong pronoun if they have little experience with transpeople but usually it's no big deal. Everytime I crossed state lines I was still trans, I know because I looked in the mirror just to check and be sure.

[Joanna Dark]

When it comes to ID's cards, driver's licenses and registrations other than the mariage debate deal, each state pretty much honors the other's. I'm legal to drive in any state with the driver's license from the state that I reside in. If I am married in Texas and move to New York with my spouse, I am still married unfortunately. If you change your name and gender in one state, you'll still be that name and gender traveling through another state. This is mainly because the state you reside in has you registered as M of F and whatever name on your ID. There are circumstances in which you may not be treated that way by less cultured locals and cops and they may slip up and call you the wrong pronoun if they have little experience with transpeople but usually it's no big deal. Everytime I crossed state lines I was still trans, I know because I looked in the mirror just to check and be sure.

^This. I don't ever worry about other states unless I'm moving there and I wouldn't move to a less trans friendly state. if the state you are in says you are female, you are female. A lot of gendering comes down that one inch between your legs. I think the only state that recognizes non-ops is California. And I'm not sure about that. But if you get SRS, pretty much every state will say you are female. Jess42 is absolutely right the it's more cultural then anything else and the worst thing that will happen in another state is that you will be misgendered if you are not passable. I think this is why people worry about passability so much because being able to pass opens up a lot of doors and ends a lot of discrimination. IME when you pass well, people think that you should transition. This is why I think people outside of my family accept me so easily as they think I should transition as I will be better off. I mean even last year this I was talking to this guy about moving to North Dakota but worried where I'll live and the guy said "just start wearing a dress and you will have no shortage of people that want to live with you. It'll solve all your problems." He was dead serious. It's prob the umpteenth time someone has said something like that.

[Anatta]

Kia Ora,

Some states don't recognise marriage between a gender reassigned person and their partner of the 'opposite' sex...

States make their own laws about birth certificates and marriage, and state courts have varied in their application of such laws to transsexual people. Several courts have come to the conclusion that sex reassignments are not recognized for the purpose of marriage, including courts in Illinois, Texas and New York.[1] Other courts, including in Kansas and New Jersey, have recognized the reassignments. Almost all U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio, Tennessee, and Texas refuse to change the sex, though Texas will do so if a court order is presented. The legislatures and courts of many states, however, including Missouri, have not addressed this issue.

In any event, transsexual people are caught up in the current upheaval over gay marriage, whether because as any other group they may themselves have different sexual orientations, or because they may seek a marriage with a person of the opposite sex without state recognition of their gender transition.

Metta Zenda

[Tristan]

Yes it's true that this changes from state to state. And I'm not sure how things are for pre ops but I know as post op normally there is always a way to get it taken care of via money and catching flies with your honey and not vinegar. Smiles and submission tend to work well with getting things moving in the courts   

[Jess42]

It's kind of a two sided situation Kuan Yin. On one hand, states have the right to make their own laws on such things and on the other hand, you can move to a different state and be under different regulations. In this way it's good that the states do have different laws. People here do it all the time for tax purposes, I don't really have to worry about that unfortunately. If the taxes get too high in one state or city, people just relocate.