Texas could force transgender people to reverse gender changes they have already made on their IDs

Attorney General Ken Paxton, pictured May 26, 2023. Photo: Jay Janner/American-Statesman / USA TODAY NETWORK

Transgender Texans whose gender markers on their identification cards were changed may now be at risk of having that change reversed.

In a recent letter to Texas Attorney General Ken Paxton (R), Steven McCraw, director of the Texas Department of Public Safety (DPS), asked whether government agencies could “correct” the gender characteristics of people based on what McCraw called “perceived Gender identity was changed.” He specifically asked whether it was okay to make these “corrections,” even if the change was made by court order.

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In August, DPS removed transgender people's ability to change the gender markers on their ID cards, even if they have a court order or an amended birth certificate. A few weeks later, the state eliminated the ability for transgender people to change the gender on their birth certificates.

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McCraw's letter, in which he attempts to expand the restrictions even further, refers to sex as “a binary and fixed biological fact” and negates the existence of intersex people. He also adds that he doesn't believe there is a difference between sex and gender, saying, “Medical or surgical treatments cannot change chromosome biology.”

The practice of allowing transgender people to change their gender characteristics, he wrote, citing news reports he had read, “appears to be part of a years-long, nationwide effort to change government records to reflect gender identity.” , which includes “coaching” “Transsexuals say they need “corrections” to their IDs rather than “changes.”

McCraw wrote that DPS may have changed people's gender characteristics based on unlawful court orders and is therefore asking Paxton for permission to “correct” this “inaccurate gender information.”

Transgender journalist Erin Reed called the threat a “significant escalation of action against transgender adults.”

“These individuals could face a harsh reality if DPS begins systematically revoking their driver’s licenses and reissuing old licenses with a different gender marker and possibly their former name,” Reed warned.

Paxton's latest anti-trans crusade is part of his broader policy to combat gender-affirming care of trans people, particularly trans minors, who have reported psychological and emotional distress due to laws restricting their educational and health rights.

“Paxton is a bull in a china shop – ready to trample on anything that comes his way in his ruthless campaign to make life miserable for transgender people, including undermining the power of the Texas courts,” said Brad Pritchett, the Executive Director of Equality Texas HuffPost.

Pritchett also expressed anger over McCraw's letter.

“DPS has already changed its policy on updating gender markers and is just now wondering if this is legal? “DPS’ request for a non-binding legal opinion on the status of court orders updating gender markers underscores the chaos created by Paxton’s indiscriminate attack on the trans community in Texas.”

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