ATLANTA (AP) — Federal judges this week heard arguments in a challenge to Alabama’s policy requiring a transgender person to undergo full gender reassignment surgery to change the sex listed on their driver’s license.
Gabriel Arkles, senior counsel at Transgender Legal Defense and Education Fund, told judges with the 11th U.S. Circuit Court of Appeals that Alabama is one of only a few states in the nation that require transgender residents to undergo genital surgery, “as a condition of getting a license that they can safely use — that is a license with a sex designation that accords with their identity and how they are known and perceived in their community.”
Three transgender women in Alabama challenged the policy after being told their licenses must reflect they are men. U.S. District Judge Myron Thompson last year ruled that the policy is unconstitutional.
The judge directed the state to give the plaintiffs new licenses “reflecting that they are women.” The state appealed and attorneys said the state indicated it will rescind the licenses if the ruling is reversed.
A three-judge panel of the 11th U.S. Circuit Court of Appeals heard the arguments Tuesday.
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People need identification to navigate daily life, Arkles said. Being forced to carry cards that don’t match their identity puts trans individuals at risk for discrimination, harassment or even physical danger, groups representing the women said.
“I know who I am. Transgender people know who we are, that’s not the issue,” Destiny Clark, a health care worker from Birmingham and one of the women who challenged the Alabama policy, said in a statement. “The issue is getting the state to recognize our existence and just let us live without intruding into our private, medical records.”
An attorney for the state argued the policy is not discriminatory, because it gives a path for transgender individuals to change their gender marker.
“These are law enforcement identification documents. That is why they have identifying information on them including date of birth, height, weight, hair color, eye color, someone’s signature and someone’s sex,” Edmund LaCour told the judicial panel during arguments.
A ruling is not expected for several months.
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