Updating Legal Documents
After Trump was reelected in Nov 2024, I saw a lot of fear-mongering and hopelessness. I realized many members of the community have yet to update their name and gender on their legal documents. So here are some quick video guides on how to begin those processes. Note: some processes are different according to each state’s laws. This information is what I could find online and based on my own experience after having legally changed my name and gender on all of my legal documents.
IMPORTANT NOTES:
Because of 47’s executive orders on January 20th, 2025, the government will “technically no longer” issue passports to individuals who wish to update their gender marker. There is a loophole for binary trans people though! See the video on this below for more.
Previously updated passports are still valid. Passports with an X marker are still valid, but won’t be renewable until this is reversed or challenged in court. There is fear that they could be confiscated at the US border, but there is no guidance to do so and no verified proof that this has happened.
I highly encourage you to prioritize updating the gender marker on your social security card TODAY! It is a federal document that you can currently self-select your gender marker. This may be affected by future executive orders.
Priority 1: update your gender marker on your social security card (it’s free and you can self-select your gender marker. And you don’t need any supporting letters, nor do your other documents need to be corrected to do so)
Priority 2: update your birth certificate and state ID if you can (there are possible loopholes)
Priority 2.5 THE PASSPORT LOOPHOLE: begin an application for a first time/ new passport and use your other updated documents to get a passport that reflects your identity. The loophole will not work if you have been previously issued a passport with your assigned sex at birth.
Priority 3: change your legal name on all documents
If you have a court order name change, you can update your name everywhere.
Executive orders cannot affect birth certificates, driver’s licenses, or legal name changes. These are up to each state.
Much love!
Social Security Card
I highly encourage you to prioritize updating the gender marker on your social security card TODAY! It is a federal document that you can currently self-select your gender marker. This may be affected by future executive orders.
Changing your “sex identification” with Social Security is free and self-select! NO medical/legal proof is required or any other documents changed. (*M/F only, no X marker available). Here are the steps:
Apply for a social security card online at this site: https://secure.ssa.gov/ossnap/public/landingOSsnap
Enter your info as it is to apply for a replacement card. This application doesn’t have gender on it; you’ll do that in person. After you submit the application, there should be a link to online scheduling for an in-person appointment. If there is no scheduling link, you will need to call to schedule your appointment.
Fill out the SS-5 form (https://www.ssa.gov/forms/ss-5.pdf). Be sure to select your updated gender marker on the form. Bring this along with an ID to your appointment.
Rarely, a poorly trained clerk will say you need a court order or something, but they are WRONG! We made a KNOW YOUR RIGHTS guide to bring with you https://www.bitedown.org/edc
To Apply for replacement: Bring your passport or birth certificate and license (none of these need to be updated first) to a local Social Security Office.
If you’re changing your name bring a physical certified copy of your official court order!
It takes around 2-4 weeks to get it.
Birth Certificate
Lambda Legal’s Changing Birth Certificate List of State by State Guidelines
The following states allow you to choose an X gender marker: California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Michigan, Nevada, New Jersey, and New Mexico. While I understand the importance of having an affirming gender marker, you cannot currently get an X marker on federal documents (Social Security Card/ Passport/ Real ID) so it’s difficult to recommend changing to an X marker at this time.
The following states don’t allow you to update your gender marker at all: Kansas, North Dakota, Florida, Oklahoma, Tennessee, and Texas.
State ID/ Driver’s License
If you have a legal court order for a name change, this should be easy to change at the dmv.
Unfortunately changing gender varies by state. Some states allow self determination for gender markers. Some require doctor’s note or even proof of having had bottom surgery. Some “won’t allow” you. But there are loopholes!
Most states that have banned trans people from changing their gender marker on their licenses state that the customer's gender as displayed on the driver license or identification card must be taken from a primary identification document. So if you update your passport or social security card first which you can self designate, you may be able to use that to get a new license so long as you claim that you lost your license or need a new one aka replace it NOT renew it, ensuring the person at the dmv doesn’t see your old license with the incorrect gender on it. Price varies by state anywhere from $20-$100
Legal Name Change
Executive orders cannot affect legal name changes, but in some States this can take up to a minimum of 6 weeks or longer. Policies are up to each state. I recommend updating your gender markers first, because they are likely to process much quicker and the current administration and state laws cannot affect legal name changes, so you have time to do this later.
To legally change your name as a transgender person, you typically need to file a petition with your local court, which will require completing necessary state forms, some states require a psychologist or doctor note stating you have dysphoria and that this is necessary for your health and well being, some states require you to post it in a newspaper (which costs $20-$100) before approving it, there is a fee ($100-500 depending on state), (you can apply for financial aid. Make sure to ask for that form) and appearing before a judge (after covid many offer zoom) to obtain a court order.
Some states require this same process for a gender change, but can usually be done together if necessary.
Make sure to ask for around 5 physical certified copies! These cost around $10-50 each depending on state (1 for each official id document change: ssc, passport, license, bank, and a copy for yourself as a backup)
If you have a court order name change, you can update your name everywhere.
Point of Pride’s list of Legal Name Change Court Order Fee Waiver Forms by State
US Passport
Because of 47’s executive orders on January 20th, 2025, the government will “technically no longer” issue passports to individuals who wish to update their gender marker. There is a loophole for binary trans people though! See the video on this below for more.
Previously updated passports are still valid. Passports with an X marker are still valid, but won’t be renewable until this is reversed or challenged in court. There is fear that they could be confiscated at the US border, but there is no guidance to do so and no verified proof that this has happened.
Official Passport Acceptance Facility Location Finder.
Go here to apply online: Renew Your Passport or Apply for a New Passport.