changing gender mark in TEXAS as of today

[Nathan]

so throughout the years ive read that theres been many laws regarding the transgender rights and im just so confused because theres certain pages that say you cant change your gender mark in texas than others that say you can with surgery but than some without. does anyone know the real updates of the transgender rights for the gender mark change as of today in texas? if so how easy is it to do? is anyone in the process of it or already did change their gender mark. i haven't had any type of surgery but im starting hormones and id really like to have the f go to an M. i know theres many debates about Texas being against LGBT and how theres no protection but also heard people have changed many things and how they sometimes get nice judges. i have a referral from my therapist and i was wondering if that is good enough to have it changed? also i already changed my name which i kind of regret because people say that i need to change my name with the gender mark...does anyone know if that's true because i already changed my name which i wish i would've waited. i don't know why that would affect it though

[Felix]

I'm in the process of doing this. I was told I had to have surgery, but I made sure that my letter regarding that was vague. They accepted the letter just fine but they said I needed a gender change order from a judge. I haven't done that yet because it stresses me out to think about going back to court and having my name on the wall and all that, but the staff in the Texas vital statistics office were respectful last time I spoke to them and they said there shouldn't be a problem if I got that last part done. I would have gotten my gender change court ordered when I had my name changed, but at the time I had been told by Texas that it wasn't necessary. It's important to call and keep up with current expectations if you aren't moving quickly with filing and stuff.

I think changing your name along with your gender marker is mostly an issue of convenience and finances. Doing them separately should be okay.

[Nathan]

so is my therapist referral letter good enough to change my gender? if you dont mind me asking have you had any type of surgeries? also thanks for the information though i had no idea but i will be calling soon to see what process i will have to go through.

[LizMarie]

What do you want to change.

To change the gender marker on your driver's license just requires a court order in Texas.

To change the gender marker on your birth certificate if you were born in Texas requires proof of GRS.

So the question is, what do you want to change?

If you were born in another state and want to change birth certificate, you'll have to look up that state.

[Nathan]

honestly i was hoping for both but now i know i cant because i havent had any type of surgery

[LizMarie]

I have one of the best pro-transgender lawyers in Texas, perhaps in the entire US - Phyllis Frye. We've interacted informally at TG Center events over the last year but my first formal legal consultation was yesterday, 9/16. If things go as expected, by September 30th, the last legal vestiges of "him" will no longer exist. Phyllis transitioned herself in the 1970s and now only works a few hours per week, mostly on these sorts of cases or sitting in her judgeship (she's also an elected judge).

I've never heard anything but great things about her and so far, my own experience has been wonderful. I have another legal consultation with her on Monday, 9/22 and we go to court on Monday, 9/29. By the afternoon of 9/29, I expect to have my new temporary driver's license with new name and a nice big F on it for gender and a new social security card. So for me, from start to finish is going to be 13 days. But that's what comes of hiring a professional versus trying to do it yourself.

Changing your name and gender can be done in Texas by yourself but I will caution that the laws here are vague and subject to interpretation widely. The wrong judge will invoke the bible, make fun of you, and deny your request. And he'll get away with that because that is how backwards Texas is on this topic. The right judge will quietly grant your request.

One thing to remember, here in Texas, is to never publicly mention which judge granted you your name and gender change, except when you show your court order for formal legal purposes. No sense giving the anti-trans bigots ammo to run with against judges who do support us, right? Be discrete once you have your judgment in hand.

[tgchar21]

@LizMarie - If Texas is like most states the only reason a judge should have for denying a name change, unless he/she is abusing his/her powers, is if there is suspicion that you're changing your name for fraudulent reasons (like to hide a criminal history or large debts) - the reason the courts are involved is not to police what people can re-name themselves (unless the name choice is strongly offensive or something similar), but to keep them from using a name change to perform illegal or fraudulent actions. Keep in mind that there have been MUCH more bizarre name change requests than someone assuming a name that's more common for the opposite gender, and if a judge tries to invoke "Bible" excuses then you're almost guaranteed a reversal upon appeal (since a judge is not supposed to do that). IMO I do think you should bring up judges who deny trans*-related name changes without a proper reason, since they're exceeding their powers.

[herekitten]

I will be changing the gender marker on my birth certificate from Texas. Unfortunately, Texas does not issue a new birth certificate but only an amendment. You can request the short version of the birth certificate which only shows the amended information; if you need the entire birth certificate, your old information is there. UGH. Some states destroy the old, but alas, in Texas you get amended.  Many years ago, they used to destroy your old one but a rather recent transgender case which got tied up in litigation has made it a little more difficult.

My biggest hurdle will be changing my name on high school records. My high school is being extremely resistant to my requests, despite court ordered name change. I know records are microfiched but surely at the city level there must be a way. This is important to me, because I've had a potential employer check that far back as part of their background check. No, I did not mention why they could not find me -- I just played it off as "imagine that!". Thankfully, college records were very easy to change and my college records confirmed under my name (they don't ask for gender -- whew!)

[herekitten]

LizMarie -- thank you for the information on your attorney. I've heard of her before and her excellent reputation. I've made a note of it in the event I need her.

[tgchar21]

@herekitten - Even in states that issue a new birth certificate they don't "destroy" the old one, but rather they seal it and the only way it can be accessed by others is with a court order (similar to how adoptions are handled). As for your high school records, try showing the (amended) birth certificate and not just the court order - I know of someone whose child's last name was changed (not sure of the reason, but that's irrelevant here) and for the school to update the records they needed to see the change reflected on the student's BC. If you're saying your record is now microfiched then they may not be able to physically fully change it (but at least if you get a paper copy of your transcript they could update your name/gender there).

[Felix]

so is my therapist referral letter good enough to change my gender? if you dont mind me asking have you had any type of surgeries? also thanks for the information though i had no idea but i will be calling soon to see what process i will have to go through.

I had top surgery and I personally considered getting my tubes tied to have been gender-confirming, but I felt the requirements were offensive and arbitrary so I got a letter from the doctor who was doing the majority of my treatment even though she wasn't one of the surgeons. All of my doctors were willing to write a letter. The letter I got emphasized "necessary procedures," and didn't mention specifics. I made sure that the doctor who wrote the letter was willing to deal with further official questions if necessary.

I know it's kind of left-field, but there are glitches with Texas's idea about my original info to begin with, and I feel like that's part of an overall problem they've had with record keeping and establishing standards. I have had trouble with other government entities because Texas issued multiple birth certificates for me that didn't match when I was a kid. Add that to how you might get a different story depending on what questions you ask to which bureaucrat, and the whole thing is a mess worth approaching with any tactics you think might work.

[LizMarie]

@LizMarie - If Texas is like most states the only reason a judge should have for denying a name change, unless he/she is abusing his/her powers, is if there is suspicion that you're changing your name for fraudulent reasons (like to hide a criminal history or large debts) - the reason the courts are involved is not to police what people can re-name themselves (unless the name choice is strongly offensive or something similar), but to keep them from using a name change to perform illegal or fraudulent actions. Keep in mind that there have been MUCH more bizarre name change requests than someone assuming a name that's more common for the opposite gender, and if a judge tries to invoke "Bible" excuses then you're almost guaranteed a reversal upon appeal (since a judge is not supposed to do that). IMO I do think you should bring up judges who deny trans*-related name changes without a proper reason, since they're exceeding their powers.

The law here is written very vaguely and it is almost entirely under the discretion of the judge. Get the wrong judge, one who is bible thumping and anti-LGBT, and they'll simply say no. And there's damned little you can do about it. It's a situation where judges have far too much discretion and since Texas judges are elected, they play to the voting masses as much as they feel they need to do so.

[tgchar21]

The law here is written very vaguely and it is almost entirely under the discretion of the judge. Get the wrong judge, one who is bible thumping and anti-LGBT, and they'll simply say no. And there's damned little you can do about it. It's a situation where judges have far too much discretion and since Texas judges are elected, they play to the voting masses as much as they feel they need to do so.

That's also why I sometimes suggest if you may be facing a judge like those you described is to not even mention that you're trans* on the petition but rather use an "alternative" reason like that you like the name you're seeking better, you've used it informally for awhile and want to make it legal (if true in your case), etc. Since you've given a reason other than a gender change for changing your name (although of course you're seeking one used mostly for the opposite gender) any judge who blocks your request without legitimate justification would open up a legal can of worms that would be felt well beyond the trans* community (as in parents naming their baby could have their choice denied for similar reasons) if what is a "male" or "female" name becomes legally defined. (The cases where this may not work is if you have strikes against you like a criminal record or are deep in debt that would be legitimate reasons for a judge to say no.)

[LizMarie]

That's also why I sometimes suggest if you may be facing a judge like those you described is to not even mention that you're trans* on the petition but rather use an "alternative" reason like that you like the name you're seeking better, you've used it informally for awhile and want to make it legal (if true in your case), etc. Since you've given a reason other than a gender change for changing your name (although of course you're seeking one used mostly for the opposite gender) any judge who blocks your request without legitimate justification would open up a legal can of worms that would be felt well beyond the trans* community (as in parents naming their baby could have their choice denied for similar reasons) if what is a "male" or "female" name becomes legally defined. (The cases where this may not work is if you have strikes against you like a criminal record or are deep in debt that would be legitimate reasons for a judge to say no.)

Good thoughts all, but here in Texas changing the gender marker on the state id (driver's license or DMV issued id card) also requires a court order so the two things are usually done at the same time. Technically, under the law, you can do this yourself just by submitting the paperwork, one request for name change and one request for gender marker change.

Practically, getting it done is a lot of luck in getting one of the "right" judges.

This is why I chose to use a lawyer, someone who knows which judges, and precisely how to word the petition to get through the BS barriers that sometimes exist here.

I realize very well that it shouldn't be like this, but the gap between the way things should be versus the way they are is often a wide expanse.