Addressing State Violence Against Trans Persons

Jump to: Identity Document Violence | Family Assistance | Health and Travel | Of Interest | Fight for Trans Kids |

On August 20, 2024, the Driver License Divison at the Texas Department of Public Safety (DPS) secretly changed their policy to no longer allow trans Texans to correct the gender marker on state identity documents such as Texas Identity Cards and Texas Driver Licenses.

The DPS policy concerning changes previously specified that a court order or amended birth certificate could be used to update information (see prior policy at page bottom, via the Internet Archive's Wayback Machine). After the update, this instruction concerning "Gender Change" was deleted (see current page here).

According to the internal DPS email announcing the change, it was prompted by Texas Attorney General Ken Paxton, who reportedly stated that because neither DPS nor other state agencies were parties to court cases approving such changes, they may lack "legislative authority and [fail] evidentiary standards" (per the Texas Tribune). This appears to be a step toward invalidating all court orders in the state approving gender marker corrections.

Additionally, DPS now directs employees to send the names and other information related to anyone wanting to correct their gender marker to a specific email: DLCourtorders@dps.texas.gov, with the subject line "Sex Change Court Order," along with scans of the documents. DPS has no legitimate reason—nor does it likely have authority—to collect such information.

Comparisons to Nazi Germany in the early 1930s are warranted. At that period in history, "homosexuality" included a wide range of gender diversity and non-het-normative sexual orientation, and should be considered to encompass all LGBTQI+ persons. Adjustments are made to the following quote to reflect what is likely greater accuracy: "In fall 1934, the Berlin Gestapo (political police) instructed local police forces to send them lists of all [persons] believed to have been engaged in [non-cis/het normative] behavior. Police in various parts of Germany had been keeping such lists for many years [as Ken Paxton has started trying to develop such a list; see also this 2022 report]. However, centralizing this list in the hands of the Berlin Gestapo [or DPS or the AG office] was new. . . . These lists have come to be known as 'pink lists,' although this was not what the Nazis or the police called them" (Holocaust Encyclopedia).

Now Paxton and his cohorts are developing their own modern "pink lists."

Make no mistake, there can be no reason other than the exercise of state-sponsored harassment and other state violence.

We will post resources here for persons needing assistance leaving the state or taking other actions to protect their children.

• Resume assistance—volunteer assistance in resume prep, interview prep and coaching, and job search strategy. Possibly moving assistance. Contact Jake Nicholls at jakejnicholls@gmail.com.
• Financial assistance—The Campaign for Southern Equality has made available emergency grants to help families of trans kids and youth in Texas for helping cover legal services, emergency planning, mental health support, and other needs during this crisis. The page also accepts donations to help fund this service. NOTE: This grant appears to be closed at this time, but you may want to contact the provider to see if they plan to open it again in the future. See also the next item in this list.
• Patient navigation and emergency grants—Campaign for Southern Equality's Trans Youth Emergency Project is providing assistance in two main areas, helping families understand options for healthcare, and providing emergency grants for mental health and wellness needs for trans youth. We understand these grants can be up to $500.
• Flee Texas–LGBTQ Relocation Out of Texas— The Texas Pride Realty Group is offering assistance with property sales for persons needing such assistance when relocating outside of Texas, as well as connections with affirming real estate offices in other states.
• A Place for Marsha—This group is offering various assistance for persons fleeing states where their safety is in danger, including Texas.

If considering a move to Colorado, the Trans Continental Pipeline has information, and they are working on several projects, included a queer housing network, moving assistance, and temporary housing.

TPI has recently been made aware of an organization that is helping trans persons, particularly trans kids, needing to access healthcare that is in another state. The organization is called Elevated Access, and their web site is here: elevatedaccess.org. TPI has contacted them to see if we can do anything to facilitate the process.

For those needing to consider relocating, several states have adopted shield or refuge laws that help protect trans persons coming to the state.

As of May 2023, the states that appear to have the best protections or be declared safe for trans persons include ( indicates shield law in place): California, Colorado, Connecticutt, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Washington, Washington DC, Vermont

States with BANS against best practices concerning healthcare for trans youth include: Alabama, Arazona, Arkansas, Florida, Gerorgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming

Sources for state information: NPR, GLAAD, Truthout (1, 2), Movement Advancement Project, Journalist Erin Reed

• Metonymy Press and trans author Callum Angus are providing free copies of Callum's book A Natural History of Transition each time someone buys a copy from the Metonymy Press web store through 2022. You can sign up to receive a free copy to a mailing address in Canada or the US through the end of 2022 here. And if you need to have it sent to TPI for you to pick up instead of a home address, Metonymy Press will send to us and we will hold it for you. Just let us know when it is being sent and your name so can hold it for you!
• Hug blankets—Penzey's Spices is donating Hug Blankets and Hug Coins to TPI to give away during these times of crisis for our trans youth. To see more info and request a blanket or coin, please see this form. Stop by our office if you want to see one!

[Although the information in this section is less urgent now that courts have halted the investigations into trans families, we believe the information here is still valuable, and that people should still reach out and object to these types of attacks against trans persons. The info will remain available here for those who wish to review or take action.]

Texas Governor Gregg Abbott has declared that supporting trans children is “child abuse,” and is criminalizing family and caregivers for providing loving support for trans children. It is unbelievable that we have to fight this kind of abuse and bullying from public servants!

TPI has created a letter writing campaign to help people write their state and federal legislators as well as contact state officials promoting this horrendous policy. We hope you will help us challenge this harmful and bullying effort by state officials!