Federal Court Upholds Alabama's Gender Change Policy on Driver's Licenses

A federal appeals court recently supported Alabama's rule that requires people to prove they’ve had gender-reassignment surgery before changing the gender on their driver’s license.

The United States Court of Appeals for the 11th Circuit overturned a 2021 decision by an Alabama district court, which had ruled the policy unconstitutional.

The lawsuit, filed by Darcy Corbitt, Destiny Clark, and a third unnamed person, argued that the policy discriminates against transgender people. Represented by the American Civil Liberties Union (ACLU), they wanted to change the gender on their license without surgery.

Alabama’s policy, known as Policy Order 63, says people must either provide a letter from a doctor who performed their surgery or an updated birth certificate to change the gender on their ID.

The federal court decided this policy does not violate the Equal Protection Clause, stating that the rules apply equally to everyone.

Alabama is one of nine states that requires proof of surgery to change the gender on a state ID. Meanwhile, 22 other states allow residents to choose an 'X' as their gender marker.

The lawsuit pointed out that the U.S. Department of State only requires a doctor's certification that a person has undergone appropriate medical treatment for a gender change on a passport. Not all transgender individuals want or can afford surgery.

Neither the Alabama Law Enforcement Agency nor the ACLU provided comments at the time of writing.

During the legal proceedings, Alabama's lawyer defended the policy, saying driver’s licenses are used for law enforcement and need accurate identifying details, including gender.

In 2021, U.S. District Judge Myron Thompson had ruled the policy unconstitutional and ordered the state to issue new licenses to the plaintiffs. However, the state appealed and threatened to revoke those licenses if the decision was overturned.

Corbitt, a graduate research assistant at Auburn, shared that her negative experience at a Lee County license office pushed her to file the lawsuit. After initially being treated well, things changed when the clerk saw the "male" designation on her license, and she was humiliated in public.

Clark, a healthcare worker from Birmingham, said she joined the lawsuit to help younger transgender individuals avoid the embarrassment they had faced.