Could drivers’ licenses for trangender men and woman become a campaign issue in Michigan?

Jena Lewis went through a sex change more than five years ago and carries a driver's license that identifies her as a female. PHOTO BY Emily Zoladz | The Grand Rapids Press

Republican Paul Scott, candidate for Michigan Secretary of State, has promised to block the possibility of transgender men and women altering their gender on their drivers’ licenses under any circumstances.

Initially, the policy allowed for alterations to the driver’s license only following sex reassigment surgery. However, in 2005 Jay Kaplan, staff attorney for the ACLU of Michigan’s LGBT Project, along with Transgender Michigan argued against such a discriminatory policy:

The current policy excludes a majority of the transgender community who have been diagnosed with gender dysphoria and are under treatment of medical professionals. Most transgender persons cannot afford sexual reassignment surgery, nor have health insurance that will pay for such surgery.

As a result, the Secretary of State amended its policy, allowing changes to the gender marker on the driver’s license following supporting documentation from a gender therapist.

However, 22 days later, Brian DeBano, the Secretary of State’s Chief of Staff and Chief Operating Officer, reversed Wartella’s decision on April 8, 2005.

“The driver’s license is based on the birth certificate,” said Kelly Chesney, an SOS spokesperson. “As state government we have to be consistent not only between state agencies but also from state to state. In the state of Michigan a court order is required to get a change on a birth certificate. Law enforcement understands that the license is based on a birth certificate so we need to have the license match the certificate.”

Public Concern
Some have deemed Scott’s move unnecessary, accusing him of making a large political issue out of a policy that is currently not doing any harm to the general population.

Michigan resident, Jena Lewis, who went through a sex change more than five years ago, carries a driver’s license that identifies her as a female.

“Harm will only come from changing this rule, and this rule is causing no harm at this time,” said Lewis.

Lewis argued people whose driver’s licenses do not reflect their gender are in danger of being mistreated. In some cases, their treatment needs have been ignored by paramedics or they have been abused by police officers, she said.

Other candidates, including fellow Republican Anne Norlander, of Battle Creek, have stated their intentions to comply with the current policy and seemingly show no interest in changing it. However, anti-gay action groups such as the American Family Association, insist on the importance of repealing the policy:

“I think there are all kinds of implications to the privacy rights of women and children if biological males are given access to health clubs, showers, locker rooms and changing areas [...] “We may sympathize with a tiny minority’s emotional and mental struggles, but that does not absolve the government of its responsibility to tell the truth and not falsify government records.”

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