Texas DPS May Change Policy On Transgenders’ Photos

By David Webb
Staff Reporter-Dallas Voice Newspaper

(online version)

Reprinted with permission.
From Dennis Vercher,
Editor, Dallas Voice Newspaper

A Texas Department of Public Safety policy that requires transgendered applicants to remove wigs and makeup for driver license photos could be relaxed soon.

An official with the state agency promised that a new policy would be drafted to allow transgender residents the right to pose for license photographs in the “gender that they live,” according to Dallas Transgender activist Tylana Marie Coop.
“It’s a very positive decision that will impact transsexuals statewide,” Coop said. “No longer will they have to take off their wigs, make-up, earrings and dignity in order to receive a state identification card. No longer will they be able to say it is a ‘disguise’ and make transgenders take off make-up and wigs.”

Texas Department of Public Safety spokeswoman Tela Mange confirmed that the policy regarding transgender applicants for drivers licenses is under review and that changes to the policy are expected in the next few weeks.

“We are reviewing rules regarding transgendered individuals getting drivers licenses, Mange said. “We don’t know at this point exactly what the policy is going to be. They’re still talking about some of the changes we are looking at making. I would think there will be a decision made..., and that we will have some changes in the next few weeks.”

Coop said that she received an email from Major Rhonda Fleming of the Driver License Division of the state agency promising the changes.

Fleming said in the email that a policy change is being drafted that would inform all of the state’s field offices that applicants who are “transgendered and representing themselves as female 24/7 will be allowed to have their driver license or identification photograph taken in dress and make-up,” according to Coop.

Coop said that the policy regarding transgendered applicants had been enforced selectively and inconsistently in recent years, with some transgendered applicants not being challenged and others forced to pose for photographs without make-up and wigs.

“I have so many people report to me troubles as a transgender about getting their drivers license,” Coop said. “It’s a big issue because every office handles these matters differently. And they humiliate and embarrass you in front of other applicants. A lot of times it depends on the supervisor’s interpretation of ‘disguise’ and whether they think it is.”

The new policy came about after a transgendered applicant complained about her recent experience at an Arlington field office, Coop said.

The applicant, Jennifer Ashley Born, said that she was told to remove her wig and make-up because she appeared to be a man with a female name and that her presentation would be considered a “disguise.”

Born said she told the Arlington officials that she would accept the written designation of being male on the license because she is still awaiting sexual reassignment surgery, as long as the photograph matched her day-to-day presentation.

“I told her that I understood and explained that I would have preferred it to be listed as female since I was living as a female and going to have the surgery — but that I understood if she had to list the sex as male.”

Born had produced a certified copy of the court ordered name change and a Louisiana drivers license, Social Security card and Federal Communications Commission license with her female name, but none of the documents swayed the Arlington officials, she said.

“I politely told the young lady that I was not going to [remove the make-up and wig] to have my picture taken because that would be a fraud,” Born said. “As I started to collect my paperwork, she told me to come back when I had everything in order.”

Both Coop and Born complained to the department’s state headquarters about the policy recently, according to the transgender activist.

“I told [them] about my past experiences of being discriminated against by the Department of Public Safety before changing my legal sex through court order,” Coop said. “She presented the issues to her Chief, who she says agreed. [They] agreed that if a transgender was living full-time in their chosen gender presentation, regardless of the sex marker, that it was not a ‘disguise’ as often [state] workers and supervisors will characterize it.”

Coop said that when she lived in Florida officials allowed her to wear make-up and a wig for her photograph, but they identified her gender as male on the driver license.

A South Dallas field office allowed her to keep the wig on but made her take off the make-up for a photograph when she first came to Texas, she said.

“And they made sure to take the picture really close to my face, because I had breasts,” Coop said. “I’ve since grown my own hair out, and have a drivers license with make-up, earrings and a female designation [because of a court ordered name change]. “Now that I’ve had the operation [recently], I wouldn’t have trouble probably. But the thing is that there is inconsistency in policy for these matters.”

Coop said that the state’s stringent policies have been unfair because so many transgendered applicants could not afford expense of a court ordered name change, hormone treatments, electrolysis and sexually reassignment surgery.

Coop said that she hopes that transgendered applicants will be allowed to list their gender by their presentation also.

“This is becoming a major issue for transgenders because more are becoming visible with more treatment options available,” said Coop, who underwent sexual reassignment surgery in Thailand in January. “It makes more sense for someone who is transgendered to have the gender marker show the gender they present, regardless of genitals, because that is how they look everyday. It would be in society’s best interest.”

[Webmaster's Note: Tylana Marie Coop is a regular contributor to TransAdvocate.Org. More information is available on Tylana on the Staff page]