The civil rights of LGBTQ+ Texans are at risk this legislative session, with hundreds of bills expected to be introduced before lawmakers return to the Capitol in January. However, actions taken by Texas officials are already significantly affecting transgender Texans seeking to have their gender identity reflected on their state ID cards.
In August, the Texas Department of Public Safety (DPS) officially declared that gender marker changes would no longer be approved, even for those who have obtained a court-approved change. As a result, LGBTQ+ advocates are advising transgender Texans not to request a gender marker change with DPS. They fear that a list of trans Texans is being compiled during a time of intense political division, evoking memories of McCarthy-era lists.
“We don’t recommend that people show the gender marker change to DPS because we know that DPS is collecting information on the trans community,” said Ash Hall, ACLU Policy and Advocate Strategist, in an interview with MySA. “It’s supposedly to track which courts are granting these gender marker changes, but it’s still a list of trans people sitting there in a state that we frankly don’t trust to keep us safe.”
The ACLU is encouraging Texans in the trans community to apply for both a name change and gender marker change through the courts separately. They also recommend that those seeking IDs that align with their gender expression or identity pursue a gender marker change on a passport, as the federal government still honors court-approved changes.
This is a troubling time for Hall and other advocates, as the federal government continues to recognize trans and nonbinary Americans, while Texas is refusing to acknowledge these identities. Even though nonbinary individuals can opt for an “X” gender marker on federal documents, the state is actively working to erase nonbinary identities from government documents in Texas.
The idea of a list of trans Texans is deeply unsettling for LGBTQ+ advocates throughout the state. While Texas Attorney General Ken Paxton claims the list is intended to track which courts are approving gender marker changes—a troubling action that challenges the justice system’s adherence to federal civil rights protections—advocates are concerned about the potential consequences of maintaining such a list.
“What would happen if there was a list of transgender people, those who had their name and gender marker changed in the State of Texas?” asked Lex Loro, Executive Director of San Antonio’s Pride Center, in an interview with MySA. “The thought of that list is very concerning. People are not just worried about their documentation being flagged; they’re also worried about being tracked, that their data may be monitored.”
For Loro, the concern is not just about what state officials might do with a list of trans Texans, but also the security of that list. There is a fear that the information could be leaked, potentially leading to transgender Texans being targeted or doxxed simply for their identity.
“There is a lot of fear right now,” Loro said. “We’re doing everything we can to try to alleviate that fear and assure people that there are still options available—people can still get a court order to update their name and gender marker in Texas.”
Loro’s team at The Pride Center is collaborating with Texas Rio Grande Legal Aid and St. Mary’s University Law School to offer clinics for the community, where a team of attorneys assists with court-ordered name and gender marker change requests.
