PennDOT revises gender marker policy

Matthew E. Pilecki READ TIME: 3 MIN.

With a recent revision to the Pennsylvania Department of Transportation's policy on gender markers, the Commonwealth's transgender residents are now be able to easily update their state-issued identification cards based on their gender identity.

Previously, trans individuals had to prove to PennDOT they had undergone sex reassignment surgery to change the gender on their state-issued identification cards-leaving many subject to scrutiny, harassment and abuse. Under the new policy, those who wish to change the gender marker on their state-issued identification cards are required to present medical proof they are living full-time as a certain gender. A licensed physician, therapist/counselor or social worker whose practice includes assisting, counseling or treating trans patients must verify them.

Ted Martin, executive director of Equality Pennsylvania, said revising PennDOT's gender marker policy became a top priority after he took the helm of the non-profit earlier this year. Alongside Jeanine Ruhsam, president of TransCentral PA, Martin worked directly with PennDOT on revising the policy. He described the staff as accommodating and eager to listen. PennDOT has already placed the gender marker revision form on its Web site. And staffers have already undergone training on the new policy.

"I think anything that makes peoples lives better, easier, simpler, and more honest is a victory," Martin told EDGE. "I think this allows transgender individuals to live their lives-to culturally avoid discomfort, embarrassment, invasions of privacy, and sometimes violence is an excellent thing."

Barbra Casbar Siperstein, political coordinator for the Gender Rights Advocacy Association of New Jersey, played a critical role in passing similar legislation across the Delaware River in April 2009. While Siperstein described undertaking the policy revision as one of the easiest things she has done politically, she emphasized the significance of the gender marker update and of New Jersey's Department of Transportation's compliance.

"The first apparent reason is jobs," Siperstein told EDGE. "What's the primary form of identification that people give? If you present yourself as one gender and you give an ID as another, not only are there red flags but fireworks go off. It's also a matter of personal dignity-not everyone wants surgery and a lot of people can't afford it. And then there are people that might want it, might be able to afford it, but medically can't have it. The old system was entirely unfair and unbiased. The new form is simple, it's very succinct-I think it will allow people to have a little bit of personal dignity to change your identification to match your inner self."

While Siperstein considers the policy change a landmark victory for New Jersey's trans residents, she said PennDOT's revised regulations are vitally important. Presently, there is no statewide legislation to protect LGBT Pennsylvanians from discrimination in employment, housing and public accommodations.

"I think in Pennsylvania it's a lot more important," added Siperstein, who noted New Jersey added gender identity and expression to its anti-discrimination law in 2006. "For the folks in Pennsylvania, I hope they use this kind of recognition as a cultural educational tool to take on the stigma and the ignorance about transgender people which pervades a lot of our country."

Martin, who conceded Equality Pennsylvania continues to undergo structural changes, remains hopeful the PennDOT's decision will spur further progress on LGBT-specific issues in Harrisburg.


by Matthew E. Pilecki

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