Susan's Place Transgender Resources

Community Conversation => Transitioning => Legal Matters => Topic started by: itsxandrea on December 18, 2013, 08:50:23 PM

Title: Changing Driver's License ... Slightly Complicated
Post by: itsxandrea on December 18, 2013, 08:50:23 PM
Hey everyone,

So... I kind of have an issue I'm unsure about.  It's been awhile since I've had my name changed and recently my gender (M to F) with my doctor. However, when I finally made the plunge for my driver's license to reflect the change from my Massachusetts doctor (and update my New Hampshire license) they said --- no, you need to have specifically had the SRS to even touch that gender marker.

This was pretty discouraging. New Hampshire is quite backwards considering all the states that surround it allow this kind of change, without SRS. But I digress...

Fortunately, I was able just to get a Massachusetts license and I decided to change my car registration over (even though I didn't totally need to) and change things to a F gender marker. This was all well and good until ...

Now I'm moving back to NH for good. I'm fairly worried. I feel if I surrender my Massachusetts license, they are just going to see my old New Hampshire license and make me male again on it and there's nothing I can do about it, because they will obviously have it on record.

Anyone come across this yet? Tips / advice? Unfortunately, "talking them into it" doesn't work in my experience because in the two cases I tried they BOTH called the state office to confirm what the letter had to say exactly about the SRS ...

.... Help :S
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: Lauren5 on December 18, 2013, 09:41:58 PM
If you changed your MA license, and had all your federal documentation (social security, etc) changed as well, then New Hampshire has no choice to change it as well.
I'm in a similar situation, since I live, go to school, and hold a Michigan driver's license, but was born in California. Changing my birth certificate would change my federal documentation, forcing Michigan to change my driver's license.
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: itsxandrea on December 18, 2013, 09:46:52 PM
Thanks, Willow ... but,

Although I did have my social security card changed over, my birth certificate is in New Hampshire and they also follow the same protocol, you *need to have SRS* for it to be changed --- period. Therefore, I feel I could bring in my social security card and driver's license... but I don't have a Female birth certificate, so I don't think they would even care.

Sigh.
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: Lauren5 on December 18, 2013, 09:50:25 PM
If you have it changed with social security, I think your birth certificate has to be changed to reflect it as well.
There's probably some way to petition the court for this.
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: itsxandrea on December 18, 2013, 10:00:50 PM
Hmm hopefully... I guess we'll see... thank you :)
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: LordKAT on December 19, 2013, 03:23:34 AM
Quote from: Willow on December 18, 2013, 09:50:25 PM
If you have it changed with social security, I think your birth certificate has to be changed to reflect it as well.
There's probably some way to petition the court for this.


Nope. Social security is federal, birth certs are state. Changing SS has no affect on birth certificate. In Wisconsin the changed social security would only add to why they should change the birth cert if you petition for a gender change, but not be the total or even heavily weighed reason.
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: Lauren5 on December 19, 2013, 04:25:44 AM
Quote from: LordKAT on December 19, 2013, 03:23:34 AMNope. Social security is federal, birth certs are state. Changing SS has no affect on birth certificate. In Wisconsin the changed social security would only add to why they should change the birth cert if you petition for a gender change, but not be the total or even heavily weighed reason.
Meh, never liked the separation like that. IMO everything should be federal, in terms of documentation. But what does that matter?
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: LordKAT on December 19, 2013, 04:35:22 AM
Quote from: Willow on December 19, 2013, 04:25:44 AM
Meh, never liked the separation like that. IMO everything should be federal, in terms of documentation. But what does that matter?

Why not world wide instead? Good in any country.
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: Devlyn on December 19, 2013, 06:02:49 AM
It looks like your doctor needs to include the "irreversible changes" language in a letter. Here is our Wiki on documentation changes: https://www.susans.org/wiki/Category:Documentation_changes

Good luck!  Hugs, Devlyn
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: Mlle. Glistenburg on December 22, 2013, 03:29:34 AM
Dear OP,

The only way to firmly get your birth certificate and other New Hampshire documents changed to the correct sex is to either have acceptable medical documentation or to get a court order demanding the change regardless of surgery or other medical factors. Missouri did have a similar law of requiring surgery before any documents could be changed until the courts silenced the said discriminatory law. I know that going to court many not be the best option but it is the greatest option outside of surgery in order to make chance to an unfortunate and discriminatory policy.

With warm sincerity,

Jamie
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: Mlle. Glistenburg on December 22, 2013, 03:46:25 AM
Moreover,

I would like to point out that having a court order with the following mandate of words may very well be your victory (if you are unsure of the following material or have questions that require clarification please contact an attorney to verify the legality of such challenge to the state),

"The courts of the state of New Hampshire find that said request of relief is proper and that such change will not be detrimental to the interest of any persons, nor be against the interest of the state or of any given establishment. Wherefore, the courts of the state of New Hampshire understand that select circumstances, such as this case, require judicial intervention in order to prevent discrimination, especially inequality in medical care and public accommodation. Thereto, the explicit requirement of surgical procedures or medications that may be deemed unsuitable, dangerous, unnecessary, or currently irrelevant to the Petitioner by medical assertion shall be given relief notwithstanding N.H. Code Admin. R. He-P 7007.03(e). Upon such relief as given by the courts the vital record(s) of the said Petitioner shall be amended in such a way as to cause a new birth certificate to be issued without showing any changes or amendments to such record, including the corresponding certificate."

If you would like a full template  of the given mandate with corresponding medical verification please message me and I will give you everything that is needed in order to challenge the state of New Hampshire.

In jovial sincerity,

Jamie
Title: Re: Changing Driver's License ... Slightly Complicated
Post by: itsxandrea on January 27, 2014, 07:55:31 PM
**MAJOR UPDATE**

First of all, thank-you EVERYONE for your help. I do appreciate it, it did help me think a lot about how I was going to approach this.

So... this is how it ended up going down:

I walked into the DMV (remember they still have my new name on file with a Male gender marker on the license). I gave the woman all the documents she needed to prove residency and my out of state license (which says Female). With-in a few minutes, she printed out my new New Hampshire driver's license ... I was RELIEVED and I felt so great --- until I looked at it and it was EXACTLY THE SAME ... MALE with my female name!

Out of intuition, I handled it quickly and said "Oh my picture isn't so bad!  ... Wait, this says Male?" --- and she looked at it and said, "Oh... that's weird. I think it was there before. Just a minute I'll change it."

.... Minutes later, I had my new license with the F marker!

SO HAPPY, SO RELIEVED. PRAISE THE LORD.

Again, thank-you all for everything. I really truly appreciate it. The next step is my birth certificate, but I plan on getting SRS anyway, so I may just leave it until SRS is done.