The devastating consequences of Texas’ new anti-trans ID policy

This August, Texas enacted a new policy that strips transgender Texans of their rights and threatens their lives: The Texas Department of Public Safety has stopped accepting court orders for the purpose of changing gender markers on driver’s licenses.

The only time a gender marker can now be updated is if it were a clerical mistake. This means trans people no longer will have the ability to change the sex listed on their driver’s licenses to match their gender identity.

For many, an ID is not just a piece of plastic; it is a gateway to everyday life. And for trans Texans, the new policy is not just dehumanizing, it is a direct threat to their safety.

This policy is not an isolated incident but part of a disturbing trend in conservative states where laws are increasingly being weaponized to limit the rights and humanness of transgender people. Across our nation, policymakers are making it harder for trans people to live their daily lives free from discrimination, to contribute to their communities and to carry identification that accurately reflects their gender identity.

From the airport to a job application to a night out — typically, your ID is the first thing you hand over when entering a space. It can shape the first impression of who you are and set the tone for how you are received and whether you are welcomed.

For trans people, an ID that does not match their gender identity is more than just an inconvenience; it is an invalidation of their humanity. Imagine living in a world where the very document meant to confirm your identity instead denies it.

A lack of ID blocks access to basic needs like travel, housing, healthcare, banking and employment. It restricts participation in civic life. Strict voter ID laws already disproportionately harm Black voters and other voters of color, and this policy will certainly contribute to widening this inequality.

This policy dismantles a basic form of dignity and is a tactic designed to humiliate transgender people, sending a clear message that they have fewer rights as human beings than their cisgender community members. While it is common practice for licenses to be updated when one is married or divorced and to have a name that reflects your new identity, somehow having your gender also be reflective of your identity has become politicized.

Respecting someone’s gender identity is a basic act of kindness and politeness, something Texans pride themselves on having. Using the correct pronouns and providing legal documents that reflect one’s identity are essential for the mental well-being of trans people. Having an ID that matches your gender identity improves your quality of life.

Moreover, it is a dangerous policy that exacerbates the risks already faced by the trans community. In addition to eliminating this option to update their licenses, Texas has now removed the link to update your birth certificate on the state website and the Texas Department of Public Safety, meaning trans people applying to have their gender updated moving forward will have to send their request via a separate email.

This process now aligns with a 2022 request from Texas Attorney Ken Paxton where he proposed compiling a list of trans people that have changed their gender and name.

Trans people are already at a heightened risk of gender-based violence. Many trans people live in fear of being “outed,” and a state-issued ID that does not match their gender identity is effectively an outing tool, exposing them to discrimination, violence and even death.

Now trans Texans must have this piece of plastic that has the power to cause them harm stored in their pockets, wallets and purses.

According to Everytown for Gun Safety Support Fund, between 2017 and 2023 there were 263 homicides of transgender or gender-expansive people in the U.S., with a disproportionate 44 percent of these homicides occurring in the South. As a Black trans woman living and working in Texas, I am terrified of what this policy could mean for me and my community.

This policy works to erase trans identities. This is not some administrative inconvenience; it is a matter of life and death. And the policymakers responsible will have our blood on their hands should anyone be outed because of their ID.

My life’s work is rooted in protecting the lives of trans people and helping to create a world where they can thrive. This policy is a setback, and it is heart-breaking to know that those who have the courage and strength to live their lives as their most authentic selves will be denied the identification they need for validation and protection.

But I refuse to allow the “it is out of our control” mindset to stop me from creating a better future. Those in power who are actively working to harm the lives of trans people do not have to remain in power for long.

We have the collective ability to roll back this onslaught of discrimination. There are nearly 93,000 transgender adults in Texas, and with our LGBTQIA+ community and our family and allies, we can change the status quo.

This November’s election is crucial to do just that. It could either halt or propel this anti-LGBTQIA+ movement, depending on how we show up for each other. We must use our political power to fight back to ensure the safety of our fellow Texans and have their human rights restored.

We have the power to change this harmful policy by acting on our civic duties, and we must use it before it’s too late, before any more lives are lost because of ignorance and intolerance.

Joelle Bayaa-Uzuri Espeut (she/her/hers) is director of programming and oversees the ancillary programs of The Normal Anomaly Initiative.