Wanted: need a consortium of legal geniuses to figure out how to make my partner's transition safe.

Okay, so, Mr. Readmoreoften is taking the big plunge and going from F to M. He is meeting with the therapist and starting T (testosterone) most likely within the month. From what I've seen, he will likely start passing more within a few months, and within the year he may no longer be recognizably female.
Herein lies some legal problems that we cannot afford to deal (i.e. can't afford to hire a lawyer) with and for which it seems there is little legal precedent.

1) Within the year, the sex marker on his driver's license will not match his appearance. Within a few months, it will be clear to any cop that pulls him over, and to any door person and convenience store clerk that asks for ID, that he is transsexual. After that, he will either appear transsexual or appear to have a fake ID. The normal method is to petition the state to change the sex marker. This seems to be done through changing the sex on the birth certificate. But of course we have some problems here...

2) Problem A: there are 3 states which refuse to change birth certificates, and one state (Texas) wherein 32 counties refuse to change birth certificates and the rest seem scattered in their legal decisions. Mr. RMO was born in Texas and that's where we own a home. Problem B: Other States (and other Texas Counties) that DO change BCs demand *proof* in the form of "completed genital surgeries". Apparently, many states just don't accept a doctor's note; they want to review the "surgical evidence". While this makes *some* sense for MTFs it makes *no* sense for FTMs: phalloplasty and vaginectomy together cost something like upward of $100,000+ out of pocket. Moreover, many (I'd even venture to say "most") FTMs have little interest in these surgeries.

3) SO: how can he get his BC changed? Will establishing residency in another state help? (Will he have to move away from me? To where?) If he doesn't get his BC changed, can he get his other documents changed, like social security card, drivers license, passport? These agencies seem to want "surgical proof" as well.

4) Name change will be relatively easy, I think. But how is he supposed to live with no documentation? I read that he won't be eligible for a passport for 5 years after a name change and they won't put an "M" on his passport unless he has genital surgery. I'm considering applying for work overseas. Will he be unable to leave the US for 5 years?

5) All the advice I've read says that he should continue to be FEMALE on his medical records because if he changes this he will not be able to get covered treatment for hysterectomy, oopherectomy, or treatment for gynecological cancers. How does this play out in the real world?

In a way, I'm not asking specifically for legal advice, but more for experience of others surrounding these issues. Maybe, for example, someone knows that if you establish residency in California, you can get a BC from Texas changed without incidence. Or maybe someone knows that, from experience, transmen don't have a real problem getting their passports changed, despite policy.

It's not like these issues can be "put off" until we can afford legal council. He'll physically change when he physically changes. Every transman we know lives on the margins of society--in people's garages, under the table jobs, without insurance, no car, etc.--or in San Francisco. Most of the websites I see are geared towards transwomen, public policy change, FTM health care/support, or are specific to California. None of these sites provide answers to our questions. They seem to be full of information, but they are not really helpful to FTMs in terms of documentation issues.

My partner needs an accurate driver's license at minimum. I'm afraid he's going to fall into a legal black hole.

Thanks in advance.

My understanding is that's all most FTMs do. (Since the results of FTM bottom surgery are neither convincing looking nor functional I can certainly understand not doing it, expense aside.)

I don't really know, but it could be worth submitting.

Then again, depending on the residency requirement, renting a PO box (or a spare bedroom) for a few months in California and doing the paperwork here might be cheaper than fighting a legal battle in Texas over it.

Top surgery costs around $8K out of pocket. Of course he wants top surgery badly, but we are currently applying for foodstamps. He works at Starbucks and earns (working now about 30 hours a week) anywhere from $450-600 a month after health insurance and taxes. Top surgery is in the 5 year plan, but financially impossible in the short term. I do know that when I was looking into this in 2005, even in NYC the law required bottom surgery and full vaginectomy, although I think its changed since then.

If we need residency in California or New Jersey to help with the birth certificate that would work, but I'm not sure if living in CA will matter because he was born in Texas. :shrug:

has nothing to do with how easy or difficult it is to get one's BC changed in the state where it was issued.

That said, California DMV at least will change name and gender marker on your state DL or ID card by having a Dr. fill out and sign Form DL-329. Where it may get tricky is when you have to go to the Social Security office and have those records changed as well (CA like most DMVs checks records agaist the SS database..if there's a discrepancy there's a problem). I understand that some in the community have worked out a solution for this with the parties involved, but don't remember all of the details.

"I read that he won't be eligible for a passport for 5 years after a name change "

that is completely false. All you have to do is take the name change documentation to your local passport office along with the form provided on the State Dept website. They will not change gender markers though until surgery has been completed. Depending on the wording of the letter from the doctor, and how ambiguous it is, it is possible to get gender markers changed with only having chest surgery completed ("irreversible gender reassignment surgery").

So the use of establishing residency elsewhere is for the purpose of DL. It seems that the BC change may be out of the question. The next question is, of course, can sex on the SS be changed without an amended birth certificate...

And from what you are saying, he will be able to get a passport, but not until he can afford top surgery (he is a small b-cup and is passible with binding). I suppose he can travel with a passport that says he is female when he doesn't look female, but that seems nerve wracking. I suppose we can just expect to have problems.

Thanks so much.

it just won't reflect the gender. But depending on how well he passes, I've known of instances in the past where clerks at the passport office have randomly changed gender markers thinking there might have been an initial mistake.

Not saying it will happen but there's always a chance.

He's already very masculine except for his hips/waist and he's about 5' 9''. He will be quite passable with facial hair and even the early masculinization of his bone structure. I suspect he will no longer pass as female in about 9 months, even binding. It sounds to me like he will be in total legal limbo until he has top surgery, and then we get to be in partial legal limbo from there on out.

it might be a good thing. The other issue to address is to have either his therapist or his physician write a "carry letter" explaining his condition should issues arise.

I have one that I carry from my former therapist but have never had occasion to use it as I have my CA driver's license in my new name and gender and was able to change my SS info just before they changed their policies. I've still not gone the "court ordered name change" route but haven't needed to as yet, nor have I had any surgical procedures. I'm listed as "M" on my health insurance but haven't as yet been denied treatment or coverage of those silly female procedures one has to undergo every so often. But that could also just be my insurance and the compamy I work for's ploicies that is providing it.

We live in Texas (Austin). I bought a house 2 years ago because stuff here is cheap. I may have to move if I get a job at a university, but there is little chance I will get a job in a more progressive area. It seems like all the open jobs are at midwestern universities (Ohio, Indiana, etc.) where the laws seem far worse--or overseas. Worse still, my SO is a country boy and he misses rural life. California is a long shot. He also doesn't want to live there. (Maybe all this will change his mind, I dunno.) My family is in NJ. Maybe that's a better option for a DL and alternate residence.

Good to know about your "M" status on your health insurance. His work has transinclusive policies, but our policy (Aetna) seems like it doesn't cover much already--high copays, etc. And it eats up almost his entire paycheck already.

Hopefully I'll get a good job and obviate all these problems. I mean, a good job in a transinclusive area. Okay, now I sound like a dreamer...

:hi: Thanks!

was representing the HRC by doing a series of lectures to help people understand the issues faced by transgender individuals. She suggested publicizing the HRC link about transgender issues and laws--perhaps you can find more information there. Best wishes!

http://www.hrc.org/issues/transgender.asp

Edited to add: All states' laws are listed there

Apparently he *theoretically* should be able to get an amended BC in Texas after surgical intervention and through a court order, even though some officials refuse to do so because of the Littleton case. I'm still unsure if top surgery alone will be sufficient to get an amended birth certificate in Texas. IT sounds like the way its worded that it might be more possible than in some other locations. (I guess except in the 32 counties that refuse.)

Still, surgery seems to be a criteria in all states and federally, and this is a huge issue because surgery isn't covered by insurance. It will be years before we can afford the surgery, and he will likely be unrecognizable as female long before it can be completed. I'm uncomfortable with the fact that he may be in legal limbo for years. Especially because, while we live in a safe city, we do venture out of the ghetto every now and then, particularly when driving through Texas to see family or visit other cities within the region.

http://www.transgenderlawcenter.org/contact.html

http://www.transgenderlawcenter.org/index.html

:hi:

:hi:

Don't forget to care for yourself, too. :hug:

http://www.ftmi.org/
http://www.thetransitionalmale.com/

Those (especially the second) have a lot of links that can direct you toward legal information you want. You'll just have to poke around a little bit there.

First, I hope that Mr Readmoreoften is under the care of a physician & a psych type person. The doctor so that blood work can be done, because T is amazingly powerful. T will have effects very quickly and needs to be monitored. A psych to help explore what's going on, why he needs to do this, etc. The psych can also write a carry letter, which has been mentioned above. Just realize that a carry letter doesn't carry any legal weight. It's not a "get out of jail" card. It doesn't excuse bustin' somebody's jaw open. It does help to tell a LEO or other person of authority that he's not trying to evade the law.

If he's worried about picture identification, I tend to carry several pieces of photo based ID. My legal driver's license. My legal passport. And I also have several corporate picture IDs. (If you work in IT, you get lots of badges.) For TSA, I'll present my passport saying "This is legal", and my corporate ID saying "This is a more recent photo". Tell the TSA he's transitioning, because the TSA is aware of TG folks. Only once have I been asked to present another other ID.

For LEOs, the situation can be different because they're under the potential of being shot by anyone they pull over. Hands on the wheel, keys on the dash. Again, tell the LEO - they should have had some training about TGs.

Mr R may want to take a picture every month showing his physical changes. Again, T hits quickly.

If I have to present ID for non-LEO types (liquor store), humor can help. Something like "The boss says change is good, so I decided to take him up on the idea."

The process should be something like:
1. Psych and medical intervention
2. Legal name change. A court order is good enough to get a DL changed, and SS changed. Then you go to banks and other companies. A legal name change won't do diddly for the gender marker. Welcome to the world of crossed markers. It can suck.
3. Surgery. Top surgery is purely cosmetic, it has no legal influence. Bottom surgery is when you should be able to get the gender markers changed for DL, SS, etc.
4. Yes, bottom surgery for FTM is horribly expensive and lots of people don't have it. I don't have any wisdom on that subject.
5. Birth certificates are state documents. Moving somewhere else doesn't allow you to petition the new state for a BC change in the old state.

As mentioned above, a name change on the passport can be applied for immediately upon court ordered name change. Think about it, women change their names with marriage and the government doesn't deny them a passport.

Another thing you may want to consider is attending a TG conference. One of the largest is SCC in Atlanta every fall. Now most conferences are orientated for MTF attendees. But SCC has had a growing FTM orientation, for important historical reasons. Wiki Robert Eads.

Having said all that, welcome to the roller coaster ride of transtioning. Keep your hands and feet inside at all times. The ride will be bumpy.

Also, PM me if you need to. Nancy

My partner has been wanting to transition for the whole of our relationship (in year 7), but has tried to talk himself out of T at various times because of his closeness to his family, although he has never wavered on top surgery. It kind of all fell like a ton of bricks that transition can no longer wait because it was becoming a psychiatric emergency. There are limited psych facilities in my city (Austin) that deal with trans folk in any kind of responsible way despite having a non-profit gay and lesbian mental health center. There are REALLY LIMITED doctors who deal with trans clientele: one nurse practitioner who gives out T and calls her clients by their birth names. One really good GP with a specialty endocrinology in the queer community, who isn't an endocrinologist. No endocrinologists who deal with trans clientele. What's more, my partner had childhood thyroid cancer. We will probably have to travel 4 hours for doctors visits to Dallas or Houston and stay overnight in a hotel.

Really good info about the status of top surgery. It looks like he will never be able to get his documentation changed with the laws the way they are because he will never get bottom surgery. Beyond the fact that its ungodly expensive, it's something he explicitly DOES NOT want. I guess Southern Comfort will become a reality in our lives.

It's good to know TSA is trained in trans issues. This is a huge issue. My partner travels on film crews and really enjoys the open road. We have already lived nightmares as a butch-femme couple while traveling.

ARGH! Thanks for your input!

Read and understand how the WPATH SOC works. http://www.wpath.org/publications_standards.cfm This is the guide for the medical professions. If you don't play within their rules (even if the rules are poor), you may not get the care needed.

Also, realize that there's a lot of bad information on the street. Research the heck out of things. I mean who would say that a name change prevents getting a passport for 5 years? Go to original sources like the Social Security web site, Texas Secretary of State, Texas drivers license department. TG people exist and there are rules and regulations on what can be done. I'd also argue that you don't want a clerk to "mistakenly" change a gender marker in SSA, because that will cause all kinds of grief with employement, especially taking a new job.

http://www.nctequality.org/Issues/federal_documents.html

Federal Documents
This section contains information about needed policy changes at the federal level relating to documentation and information about how to change your information with Social Security and on your passport.


--------------------------------------------------------------------------------

Federal Policy Changes
ID DOCUMENTS and RECORDS
As the federal government requires the use of identification for more purposes, it is becoming increasingly difficult for many transgender people to access accurate documents. Without the consistent identification that many people take for granted, it can be impossible to travel, open a bank account, or apply for a job. The Bush administration implemented ideologically-driven restrictions for changing ID, making it especially difficult to access passports and social security accounts, which are “gateway” documents that can impact ability to acquire other forms of ID. Also, transgender people are severely impacted, as employers are increasingly required to match employees’ personal data with SSA accounts to verify work status. Both strong privacy policies and gender change rules that take into account evolving medical standards are necessary for transgender people to fully participate in society.

Repeal REAL ID Act. Congress should repeal the REAL ID Act, which, among other things, imposes federal standards for state drivers licenses and state ID cards.

Passport Policies. The Department of State should update its policy for changing gender designations on passports in accordance with evolving medical standards to eliminate the current requirement for sex reassignment surgery.

CRBA Policies. The Department of State should update its policy in accordance with evolving medical standards to eliminate the current surgery requirement to change a Consular Report of Birth Abroad (CRBA), a birth certificate for U.S. citizens who are born in other countries.

Federal Building Protocols. The federal government should provide protocols and training for federal building security personnel regarding transgender people and appropriate identification requirements.

Social Security Policies. The Social Security Administration (SSA) should update its policy for changing gender designations in SSA records that eliminates the current requirement of surgery in accordance with evolving medical standards.

Voting Rights. The Department of Justice (DOJ) should develop and implement regulations prohibiting poll workers from denying voters their right to vote based on gender expression or a real or perceived inconsistency between appearance and the gender designations on the voter’s ID card.

Model Vital Statistics Act Update. The National Center for Health Statistics (NCHS) should update the Model Vital Statistics Act to eliminate the surgical requirement for changing the gender designation on birth certificates. Additionally, the discretion of the State Registrars to reject the requested change should be removed from the Model Vital Statistics Act Regulations.
............

If you go to the bottom of the page there are links here on how to obtain documents directly.

Best wishes and good health to Mr. R.

:hi:

I didn't even think about voter registration...

but I would echo being very aware of health coverage, and health effects. As stated above, T is a very serious treatment.