The 11th Circuit Court of Appeals in the United States overturned a previous ruling by a district court in Alabama, which had declared the requirement unconstitutional in 2021.
In 2018, the American Civil Liberties Union represented Darcy Corbitt, Destiny Clark, and another plaintiff in a lawsuit against a Alabama policy that they claimed discriminates against transgender individuals. The plaintiffs aimed to modify the sex designation on their licenses without being required to undergo surgery.
The defendant in this case is the Secretary of the Alabama Law Enforcement Agency, which is responsible for overseeing driver’s licenses in the state.
To change the designation on their license, individuals are required to provide either a letter from the doctor who performed their gender-reassignment surgery or an amended birth certificate. This requirement, known as Policy Order 63, ensures that the necessary documentation is provided for the change.
The plaintiffs alleged that the order violated the Equal Protection Clause, but the federal court ruled otherwise.
Alabama is among the nine states that mandate individuals to provide evidence of surgery to change their gender identification on a state ID. In contrast, twenty-two states offer residents the option to choose an ‘X’ gender marker on their license.
According to the initial lawsuit, the U.S. Department of State only requires a doctor’s certification stating that an individual seeking a gender change on a passport has undergone suitable clinical treatment for transitioning to their new gender. It is important to note that not all transgender individuals desire or require reassignment surgery, and for some, it may not be financially feasible.
At the time of writing, the Alabama Law Enforcement Agency did not provide any comment, and the ACLU did not respond to a comment request.
Edmund LaCour explained to the judicial panel that these documents are law enforcement identification documents. That’s why they contain important identifying information such as date of birth, height, weight, hair color, eye color, signature, and sex.
In 2021, U.S. District Judge Myron Thompson declared the policy unconstitutional and instructed the state to issue new licenses to the plaintiffs, reflecting their gender as women. The state’s attorneys stated that they would revoke the licenses if the ruling were overturned during their appeal.
One of the plaintiffs, Corbitt, who is also a graduate research assistant at Auburn, shared with AL.com in 2018 her motivation for filing the lawsuit. She recounted a distressing incident that occurred after she returned to the state. Initially, she received utmost respect and courtesy at a Lee County license office in Opelika. However, when the clerk noticed the “male” designation on her license, the friendliness she had experienced suddenly diminished.
According to Corbitt, she was publicly humiliated by a clerk who loudly discussed her gender identity in front of other people. Despite having already changed her gender on her Social Security and passport, Alabama demanded proof of surgery.
“The state of Alabama cannot determine who we are or how valuable we are,” she asserted confidently.
Clark, a healthcare worker from Birmingham, expressed her motivation to pave the way for younger transgender individuals. She aims to alleviate the embarrassment and challenges that they may encounter, drawing from her own experiences.
