NEWS / Texas no longer changing birth certificate gender marker

The State of Texas will no longer change the gender marker on Texas birth certificate even if presented with a court order. This policy change was revealed in an internal Department of Public Safety e-mail obtained by KXAN.

“Recent public reports have highlighted concerns about the validity of court orders purporting to amend sex for purposes of state-issued documents,” the Texas Department of State Health Services said in a statement to KXAN. “DSHS is seeking assistance from the Office of Attorney General to determine the applicability of these concerns to amendments to vital records.”

Prior to this change, transgender individuals born in Texas were able to obtain a court order based on a medical evaluation that could then be presented to the Department of State Health Services to amend their birth certificate gender marker as well as the Department of Motor Vehicles to make the appropriate change to their driver’s license.

The Office of the Attorney General is now calling into question amendments made to gender markers on birth certificates, driver’s licenses, and other vital records prior to this policy change.

“The Office of the Attorney General has recently raised concerns regarding the validity of court orders being issued which purport to order state agencies – including DPS – to change the sex of individuals in government records,” the Department of Public Safety stated. “The lack of legislative authority and evidentiary standards for the Courts to issue these orders has resulted in the need for a comprehensive legal review by DPS and the OAG.”