Community Conversation => Transitioning => Legal Matters => Topic started by: Arch on May 31, 2025, 04:06:23 AM Return to Full Version

Title: California Real ID and Gender Markers
Post by: Arch on May 31, 2025, 04:06:23 AM
I need to renew my California driver's license and am thinking about getting a Real ID. Has anyone here obtained a CA Real ID in the last MONTH or so? I'd like to know whether to expect any challenge to my gender marker. I have had an M on my DL for the past fifteen years or so, and I want to keep it that way.

I think I'm okay because don't find anything on the CA DMV site that indicates I'll have any problems, and Real ID is not strictly federal (unlike passports, which are now birth sex only). But I'd rather have some real experiences to go on.
Title: Re: California Real ID and Gender Markers
Post by: Maid Marion on May 31, 2025, 07:48:17 AM
CT has a nonbinary option with 71 electing it in 2021 and 771 in 2024.
I've not heard of any issues yet though the Administration is now going after CT's "sanctuary cities."
Title: Re: California Real ID and Gender Markers
Post by: Arch on June 01, 2025, 02:17:24 PM
I read a fairly recent article that indicates CA is still maintaining its options. I have not seen any recent reports from actual applicants.

However, I did finally dig into the Real ID documentation requirements. I'm screwed for now because my passport expired and I never got my birth certificate changed. I obviously won't renew my passport under the current regime, and I have had my reasons for not updating my BC. Now I think I have to do the BC anyway, but my birth state is conservative, and the process will take months, money, and CA courts before I even get that far. If I start in June, perhaps I can get a Real ID around the end of the year. With any luck, my birth state will comply and CA will keep resisting any pressure from DC.
Title: Re: California Real ID and Gender Markers
Post by: tgirlamg on June 01, 2025, 02:35:53 PM
Quote from: Arch on May 31, 2025, 04:06:23 AMI need to renew my California driver's license and am thinking about getting a Real ID. Has anyone here obtained a CA Real ID in the last MONTH or so? I'd like to know whether to expect any challenge to my gender marker. I have had an M on my DL for the past fifteen years or so, and I want to keep it that way.

I think I'm okay because don't find anything on the CA DMV site that indicates I'll have any problems, and Real ID is not strictly federal (unlike passports, which are now birth sex only). But I'd rather have some real experiences to go on.

@Arch

Arch!

As it so happens... I got my CA Real ID a month ago... I had zero issues but, I was using a current passport  as one of my forms of ID... I had my BC changed when I first changed name and gender but, didn't need it with the passport.

From what I read online... even without BC or passport... You may be okay... I had seen this:

https://www.kcra.com/article/california-dmv-trump-executive-order-gender-real-id/63608792

Before I applied and it made me feel more at ease about the process... sounds like your gender marker wishes for Real ID should be honored even without BC/Passport in agreement. Especially given your DL has had an M for 15 years... you aren't even changing anything!

I submitted everything online and made an appointment... I was in and out of the DMV in about 30 minutes

Fingers Crossed

Ashley 💕

Title: Re: California Real ID and Gender Markers
Post by: Arch on June 14, 2025, 01:25:18 AM
Thanks for the link, Ashley. I keep seeing stuff about the "X" gender marker's staying intact, so I assume that my "M" will stay intact.

After I finish grading for spring, I plan to start the ball rolling on a court-ordered name and gender change so I can change the BC so I can get a Real ID . . . seems like a lot of trouble and expense, especially since my birth state will only "affix an amendment card" and not even change the bloody BC. That's why I swore up and down that I wouldn't go to the trouble. Well, I held out for fifteen years, anyway.

Unfortunately, I will have to seek legal help because I have no idea how to fill out a form to change what has already been changed. I can't very well put down my birth name as my current name, for example. Well, I'll sort it out with any luck.
Title: Re: California Real ID and Gender Markers
Post by: Maid Marion on June 14, 2025, 05:05:34 AM
Real ID is issued by the States. Check your state to see what they are doing right now with regards to women who have changed their name.  Many have done this when they got married.

Passports are issued by the Federal Government.
As per executive order genders are being changed on Passports because they can research the records and change them back.

In Connecticut they will put down whatever you request on this form, M, F, or X.
https://portal.ct.gov/-/media/DMV/20/29/B-385.pdf
In accommodating a gender change, the Connecticut Department of Motor Vehicles makes no representation
that the gender selected for the applicant's credential will be recognized or accepted by another government
agency or non-government entity, particularly if it does not match the gender that appears on the applicant's
non-DMV identity document(s) (e.g. birth certificate, passport, social security card).

Remember, States Rights in civics class?

Title: Re: California Real ID and Gender Markers
Post by: Arch on June 21, 2025, 06:53:28 PM
Sheesh. Now the birth-sex-only policy for passports has been paused, so I thought I could renew my passport after all--and blow off a Real ID for now--until I saw some information at the ACLU's site.

The ACLU says that preferred gender markers must now be honored until the courts decide on the policy. It also has a list of different people who are now free to do passport business without having their gender markers f***ed with. The list includes folks who are renewing within one year of expiration. I'm not sure whether that means before expiration or both before and after.

My passport expired over four years ago when I was in lockdown. I'm now trying to figure out whether I should renew. You'd think I would be able to, but why does the list say "within one year of expiration"?! Why not just expired passports, regardless of timeline? I swear, I feel as though I'm just chasing my own tail here.
Title: Re: California Real ID and Gender Markers
Post by: KathyLauren on June 21, 2025, 07:40:27 PM
Quote from: Arch on June 21, 2025, 06:53:28 PMThe list includes folks who are renewing within one year of expiration. I'm not sure whether that means before expiration or both before and after.

My passport expired over four years ago when I was in lockdown. I'm now trying to figure out whether I should renew. You'd think I would be able to, but why does the list say "within one year of expiration"?! Why not just expired passports, regardless of timeline?

"Renewing within one year of expiration" means before expiration only.  After expiration, it is not a renewal; it is a new application.  At least that is how Canadian passports are handled, and, since passports are governed by international treaties, I would expect it to be the same there.
Title: Re: California Real ID and Gender Markers
Post by: Sarah B on June 22, 2025, 01:01:06 AM
Hi Everyone

As Kathy mentioned above.  I had to reapply for my British Passport and was not able to renew it, since it expired.  So I had to resubmit all my documentation to receive my new passport.

So renew your passport would be the most prudent thing to do.

Best Wishes Always
Sarah B
Global Moderator
@Arch @KathyLauren
Title: Re: California Real ID and Gender Markers
Post by: tgirlamg on June 22, 2025, 09:26:38 AM
@Arch

Thank you for the info on passports I am a couple weeks from "within a year"... I may move ahead with a renewal... I don't foresee needing one with my real idea but, I like to have all bases covered...

Onward!

Ashley 🌻
Title: Re: California Real ID and Gender Markers
Post by: Lori Dee on June 22, 2025, 09:33:17 AM
Quote from: tgirlamg on June 22, 2025, 09:26:38 AM@Arch

Thank you for the info on passports I am a couple weeks from "within a year"... I may move ahead with a renewal... I don't foresee needing one with my real idea but, I like to have all bases covered...

Onward!

Ashley 🌻

I applied for my first-ever passport back in January and had no issues. I think that having a gender marker of M or F will fly under the radar. The X marker is the one getting extra scrutiny. That was the one being denied, which the court now says is allowed. Of course, YMMV.
Title: Re: California Real ID and Gender Markers
Post by: Arch on June 24, 2025, 02:15:27 AM
Quote from: Lori Dee on June 22, 2025, 09:33:17 AMI think that having a gender marker of M or F will fly under the radar. The X marker is the one getting extra scrutiny. That was the one being denied, which the court now says is allowed. Of course, YMMV.

Could very well be. I haven't had much time to do any real digging. I have some time off soon, so I should be able to read up and get a better idea of what to do.

ETA: The State Department has this policy on the passport site: "We will only issue passports with an M or F marker that matches the customer's biological sex at birth." It references the order of January 20, so it's clearly out of date. I'll check back in a few days to see whether this information has been updated.
Title: Re: California Real ID and Gender Markers
Post by: Maid Marion on June 24, 2025, 04:32:28 AM
https://www.aclu.org/press-releases/transgender-us-passport-holders-granted-temporary-relief-in-challenge-to-trump-gender-marker-policy

I would apply now for a new passport while there is an injunction.  This is your opportunity.  Take it.

The worst that can happen is  you get a passport with the wrong gender ID. 
It is still useful as proof of citizenship.

Title: Re: California Real ID and Gender Markers
Post by: Arch on July 11, 2025, 12:32:34 AM
Quote from: Maid Marion on June 24, 2025, 04:32:28 AMI would apply now for a new passport while there is an injunction.  This is your opportunity.  Take it.

I was planning to go downtown and renew in person, but I can't get an appointment. I seem to meet the criteria for renewing by mail, so I'll arrange for a photo in the next few days.

I'm still mulling over the Real ID situation. I need an amended BC, so I'll have to consult with a legal expert to figure out how to do the court-ordered change of name and gender. Since I've already changed both without going through the courts, the standard application forms don't work for me. What a bother. But the passport is my main priority.
Title: Re: California Real ID and Gender Markers
Post by: Sarah B on July 11, 2025, 09:33:06 PM
Hi Everyone

For those who live in Australia all states and territories, do not have a gender marker on their driving licenses.  The gender marker is maintained in their relevant databases and can be changed according to the relevant law or legislation in those states or territories.  Subject to appropriate document verification.

Height and colour of eyes have also been removed over the years.

Best Wishes Always
Sarah B
Global Moderator
Title: Re: California Real ID and Gender Markers
Post by: Arch on July 18, 2025, 10:07:49 PM
I sent out my passport renewal. The online form had a glitch, so I had to fill it out twice. But truly, the most challenging part was figuring out what to put down for hair color! When I renewed my driver's license a little while back, I automatically put "blond" as usual and didn't think much about it. But as I sat here and stared in dismay at my passport photo, I thought, "Jeez. Do I put 'gray'? Or even 'bald'? How gray/bald do I have to be to choose one of those alternatives?!"

I finally settled for 'gray' because I still have quite a bit of hair left, but I'm just going to get grayer.

I am relieved to have completed this task; now I wait and keep watching the news.
Title: Re: California Real ID and Gender Markers
Post by: Lori Dee on July 18, 2025, 10:26:01 PM
Quote from: Arch on July 18, 2025, 10:07:49 PMI sent out my passport renewal. The online form had a glitch, so I had to fill it out twice. But truly, the most challenging part was figuring out what to put down for hair color! When I renewed my driver's license a little while back, I automatically put "blond" as usual and didn't think much about it. But as I sat here and stared in dismay at my passport photo, I thought, "Jeez. Do I put 'gray'? Or even 'bald'? How gray/bald do I have to be to choose one of those alternatives?!"

I finally settled for 'gray' because I still have quite a bit of hair left, but I'm just going to get grayer.

I am relieved to have completed this task; now I wait and keep watching the news.

Good luck, Arch! I know you have been wrestling with this for a while now. Hopefully, you will get your passport in a few weeks with no issues. Fingers crossed.
Title: Re: California Real ID and Gender Markers
Post by: tgirlamg on July 18, 2025, 11:47:33 PM
Arch!

Sending good thoughts for success your way!

Hugs!

Ashley 💕
Title: Re: California Real ID and Gender Markers
Post by: NancyDrew1930 on July 20, 2025, 11:32:09 AM
Quote from: Lori Dee on June 22, 2025, 09:33:17 AMI applied for my first-ever passport back in January and had no issues. I think that having a gender marker of M or F will fly under the radar. The X marker is the one getting extra scrutiny. That was the one being denied, which the court now says is allowed. Of course, YMMV.

That was an issue for me when I was changing my driver's license here in Ontario and the service office's internal stuff was not lining up with the website, since at first they were thinking of just putting X on my license, but then I pointed out that if I wanted to go to the US and needed to show my drivers license, there might be issues with the X.  So that convinced them to go by the website.
Title: Re: California Real ID and Gender Markers
Post by: NancyDrew1930 on July 20, 2025, 11:33:41 AM
Quote from: Arch on July 18, 2025, 10:07:49 PMI sent out my passport renewal. The online form had a glitch, so I had to fill it out twice. But truly, the most challenging part was figuring out what to put down for hair color! When I renewed my driver's license a little while back, I automatically put "blond" as usual and didn't think much about it. But as I sat here and stared in dismay at my passport photo, I thought, "Jeez. Do I put 'gray'? Or even 'bald'? How gray/bald do I have to be to choose one of those alternatives?!"

I finally settled for 'gray' because I still have quite a bit of hair left, but I'm just going to get grayer.

I am relieved to have completed this task; now I wait and keep watching the news.

So if you dye your hair purple what color do you put then?  Your real color or that you have purple hair?
Title: Re: California Real ID and Gender Markers
Post by: Lori Dee on July 20, 2025, 12:58:25 PM
My U.S. passport and Real ID driver's license do not list hair color. The DL lists height, weight, eye color, and sex (F). The passport only lists sex (F)
Title: Re: California Real ID and Gender Markers
Post by: Arch on July 22, 2025, 11:04:53 AM
I finally sent in my renewal. It has been received, so now I wait for a month or more. I remember how antsy I was when I first changed this document; fortunately, I haven't gotten to that level of anxiety (yet).

I finally found some information at the Lambda Legal site; apparently, I would have been screwed before the injunction was in place. Under the policy that is now on hold, "Renewals, or reissuance (to replace a lost or damaged passport) of passports revert to sex assigned at birth, regardless of history of prior markers aligned with gender identity." I assume (well, I hope) that as long as the injunction is in place, any renewals will be safe from this reversion to birth sex.
Title: Re: California Real ID and Gender Markers
Post by: tgirlamg on July 22, 2025, 12:39:42 PM
Fingers Crossed Arch!

A💕