1. Transgender Law 101 by Carrington M. Mead
Legal Issues involving transgender clients

2. Name changes
Demographic information: i.e. birth, parents, places lived
Employment History
Career/Professional associations or memberships
Criminal background
Creditor issues
Other names the petitioner has used

3. Name Changes (con’t) Educational background Criminal background
- effective date of this provision is June 15, 1995.
- Crimes committed prior to this date may not be considered.
- Crimes after the date can be considered but an evidentiary hearing is required.
Finfrock v. State ,932 So.2d 437 (Fla. 4th DCA)

4. State Drivers License/State ID
Real ID Act of 2005 – created issuance standards for state identification cards/licenses
Florida requires the following documents
- proof of legal name change (certified copy)
- Original documents to prove your identity (birth certificate, passport etc.)

5. State Drivers License/State ID (con’t)
Medical affidavit assigning new sex identifier
Old state issued identification
Social Security Card
Proof of residential address

6. State Drivers License – Gender Marker Change
Must be signed by the physician treating you in affidavit form.
May be executed on the physician’s letterhead
Must include the physician’s license #, State of issue and DEA registration #
Address and telephone number of physician.

7. State Drivers License – Gender Marker Change (con’t)
Language Stating that he/she is the attending physician for the customer and the he/she has a doctor/patient relationship with the client.
Language stating the client has had appropriate clinical treatment for gender transition to the new gender (male or female); and
Language Stating “I declare under penalty of perjury under the laws of the United States the forgoing is true and correct.”
It must be signed by the physician in the presence of a notary.

8. Florida State Birth Certificate Name & Gender change
Obtain a certified copy of the Final Judgment of Change of Name
Fill out forms DH 429 and DH 430 and send to Department of Vital Statistics with certified copy of the Final Judgment and copies of your Florida Bar Card and drivers license. Include a check for $20.00.
If client changed name out of state you will need a certified copy of the other State’s judgment.
a sworn affidavit from the physician who performed sex reassignment surgery, containing the medical license number, stating that you have completed sex reassignment in accordance with appropriate medical procedures and that you are now considered to be a member of the reassigned gender
The administrative directive specifically states a copy of the individual’s medical records are to be produced. They’ve never asked for them.

9. Florida Concealed Weapons License
Florida will change the gender marker and name on a concealed weapons license.
The requirements are the same as those for a drivers license.
Client can bring their Florida Drivers License and physician letter to regional office or mail physician letter with copy of drivers license to Tallahassee office.

10. Social Security Administration Records
If you are a U.S. citizen and have not previously established citizenship with SSA, you will need to present a birth certificate, U.S. passport, or other proof of citizenship.
Social Security Administration Records
Complete Application for a Social Security Card; Form SS-5
Proof of new identity: I.e. new birth certificate, certified copy of Final Judgment of Name change
Proof of former identity
A letter from the surgeon or attending physician verifying sex change surgery has been completed.  This letter must clearly identify you as the person changing their gender marker.  
Legal name change judgment (certified copy)
If you are a U.S. Citizen and have not previously established citizenship with SSA, you will need to present a birth certificate, U.S. Passport or other document establishing citizenship.

11. Social Security Administration Records (con’t)
If you are a non-citizen, you will need to show documents proving your immigration status and work eligibility.  These documents could include Form I-551, I-94 with unexpired foreign passport, and/or work permit card (I-766 or I-688B).  Because there are many types and combinations of qualifying documents for non-citizens, you should call SSA to confirm that your documents qualify.

12. Passports
As of June 2010 the State Department began issuing passports for ten years to individuals in the midst of transferring from one previously assigned gender to another.
What you need:
Statement from physician that it is needed to facilitate gender transition
Physician’s full name, medical license or certificate number

13. Passports (con’t) Drug Enforcement Administration (DEA) #
Physician’s address and telephone number
Language state that he/she is the treating physician for the individual, has a doctor/patient relationship and the patient has had appropriate clinical treatment for gender transition to the new gender
Must state at the end: “I declare under penalty of perjury under the laws of the United States the forgoing is true and correct.”
Those individuals who have not complete gender transition can get a passport good for two (2) years.

14. Selective Service
FTMs may be concerned with the selective service requirement although the issue rarely comes up in everyday life.
The only situation when it occurs commonly is when a student is applying for financial aid in college.
If you have already changed your sex identifier on your birth certificate you can provide documentation that shows your transition.
Or you can fill out a Status Information Form (SIL) and request a letter that shows you are exempt.

15. Selective Service (con’t)
You must explain in detail why you believe you were not required to register for the selective service and should include any supporting documentation you have to assist in making a determination.
This service is free.
The letter you receive will not out the individual as it will not state why you are exempt.

16. Selective Service (con’t)
MTF clients must register with the Selective Service.
If there is a draft the client an apply for an exemption.
A client can fill out a Change of Information form SSS Form 2. This form can be obtained at a U.S. Post Office, U.S. Embassy or Consulate abroad.
Client can also change information via letter. In the letter, include your full name, Social Security Number, Selective Service Number, date of birth, current mailing address and new name.

17. Military and DEERS enrollment
Client can fill out DD149 requesting to request that the information be changed (i.e. name and gender).
Items to be submitted with the request: name change order, U.S. Passport (copy), State drivers license or identification card showing updated name and gender, court order recognizing gender, physician letter.

18. Military and DEERS enrollment (con’t)
DEERS (Defense Enrollment Eligibility Reporting System
Two forms of identification that are listed as acceptable on the federal Form I-9, one of which is a government-issued picture ID. Passports, driver’s licenses and Social Security cards are recommended, but the Department of Defense will accept all documents on page 9 of the I-9 list (
If name change is requested, a court order legally changing your name.
If gender marker change is requested, a signed statement, on office letterhead, from a licensed physician. The statement must include the following information provided for a U.S. Passport.

19. Department of Veterans Affairs
Any honorably discharged veteran is eligible for medical care within the system as long as they meet income limits or possess a status that does not have an income limit.
Statuses with no income limit are veterans who have service connected disabilities, veterans declared missing in action and/or prisoner of war, purple heart recipient and medal of honor recipients.
Other Veterans qualify on the basis of income and may be required to pay a co-pay for visits and medications.
To change name with the system the veteran submits a certified copy of the name change order their regional office.
A letter from their physician similar to the one used for a drivers license can be used to change gender in the system.

20. Immigration Issues
Individuals who are not citizens and believe that they will be persecuted if forced to return their country of birth may be able to be granted asylum.
The threat of harm must come either from your government or from a group or person that your government will not or can not control.
Your fear of harm must also relate in part to your race, religion, nationality or group association.

21. Application for Asylum
Must apply within one year of your last arrival
Must fill out the required forms
If convicted of a felony or misdemeanor you may not be eligible for asylum or if you have missed the one year requirement.
However, you must speak to an attorney who practices in immigration law to get a definite status on your eligibility as it concerns this subject matter, regardless.

22. Employment Basics The Law is on your side
Although Florida is a right to work state employers are not excused from observing basic rights awarded to employees by Federal law.
Title VII of the Civil Rights Act of 1964 – identifies “sex” as a protected class. Cases in the last ten years have established that this category includes those who fall within transgendered descriptors.
Americans with Disabilities Act of 1990 – this is not generally used in these matters, however if the gender disphoria has a physical component to it, this may be used. Without a physical component this act will not be considered (i.e. genetics, chrosomal abnormalities, etc.)

23. Employment Basics On the job
Always have copies of your employee handbook at work and at home.
If you are issued an employee handbook acknowledgment but not a copy of the handbook itself, request it.
Check frequently for updated copies of the employee handbook. If you don’t understand provisions ask your human resource office to explain.

24. Employment Basics On the job (con’t)
Make sure you ask what “gender” is defined as with your employer, if it listed as a protected class within the organization with no other descriptor.
Be aware of proper reporting channels in the event that you are harassed in the work place.
Assist your human resource office in coordinating training and gender neutral bathrooms.
Document all incidents of harassment in writing. This should be done at home on your own time and not at work.
Form letter from attorney is attached to outline.

25. Things You Should Know
The U.S. Tax court ruled in February 2010 that medical treatment for gender identity disorder is deductible under the Internal Revenue Code as medically necessary expenses.
When advocating for yourself and others it is best to use non-confrontational terms. Don’t get a good conversation off to a bad start.
Consider acquiring a living will, health care surrogacy, preneed guardianship and durable power of attorney.

26. Family Law
The tax law ruling mentioned earlier can be used in family law actions in divorces.
Individuals with minor children and in legally recognized marriages or family/dependency court proceedings may want to consider insuring that any mental health or health care provider they see for counseling or treatment is amenable to appearing in court on their behalf.