Judge questions Alaba rule on driver’s licenses for transgender residents

MONTGOMERY, Ala. — A federal judge on Tuesday questioned Alabama’s requirement for a transgender person to undergo full gender reassignment surgery before they can change the sex on their driver’s license, suggesting that a license that contradicts a person’s public appearance essentially marks them with a “scarlet letter T.”

U.S. District Judge Myron Thompson held a hearing in the 2018 lawsuit filed by three transgender women seeking to change the gender of their state license.

The American Civil Liberties Union, which is representing the plaintiffs, said the requirement to show proof of sex-altering surgery is an unconstitutional violation of privacy and a person’s ability to make their own medical decisions. The ACLU said Alabama differs from most states and the federal government that allow people to change the gender identity on a government-issued ID without proof of surgery.

Thompson denied both sides’ requests for summary judgment in their favor. He said he will rule later if the case will go to trial or it will make a decision based on submissions to the court.

While he did not rule in the case, Thompson noted the violence faced by transgender individuals after a state attorney contended the Alabama policy treats everyone the same. Thompson said a person would be publically disclosed as transgender if they present a license that does not match their daily public appearance.

“You might as well have a scarlet letter T,” Thompson said. “Transgender people are actually attacked and killed for who they are,” Thompson said.