New York City Creates New ID Rules for Transgender Citizens

By Linda Orlando

Under the current city rules of New York City, which have been in place since 1971, people who have a sex-change operation can apply for a revised birth certificate, but only if they’ve actually had surgery. And even then, the only change made is to remove reference to gender entirely. But a new plan, announced in September, will make it easier for transgender New Yorkers to have their genders changed on their birth certificates whether or not they’ve been physically altered to a different gender.

New York City has a significant transgender community, and for years they have requested that the city change its policies regarding birth certificates being changed to reflect a person’s newly adopted gender-identity. The new plan will allow transgender people to change their birth certificates to reflect a new gender even if they haven’t had genital surgery. As long as they can show substantial proof that they have undertaken other steps to irrevocably alter their gender—such as undergoing hormone therapy—they can request that their birth certificate be changed.

Lorna Thorpe, Deputy Commissioner of New York’s Department of Health and Mental Hygiene, said that the city’s current system is "outdated," because surgery isn’t the most prevalent means for a transgender person to switch genders. "A lot of transgender persons use different techniques to switch genders," Thorpe said. "Some try hormones. A smaller number undergo surgery—in part, because not everyone is capable of undergoing the surgery."

The new policy is necessary, transgender advocates say, because of problems people have encountered since 9/11 due to increased security measures in the city. New Yorkers must show a picture ID to enter airport terminals, public monuments, office towers, and government buildings. But if someone inspects an ID and notices that a person’s appearance doesn’t match the gender listed on their ID, that’s where the trouble starts.

Cole Thaler, a transgender rights attorney for the national legal aid group Lambda Legal, says, "That can be a very dangerous situation for a transgender person." Thaler said that if a person’s birth certificate matches their appearance, it will make it easier for them to obtain other government-mandated records such as drivers’ licenses, passports, and Social Security cards.

The new policies will move New York City into the forefront of efforts by transgender advocates to redefine gender across the board. All but three states in the US now allow people who have had a sex-change operation to get a new birth certificate. Almost all of those states require proof of a gender-reassignment surgery in order to issue a revised birth certificate. Laws in Tennessee, Ohio, and Idaho strictly prohibit a change of gender on a birth certificate for any reason.