w elcome to l egal i ssues and d ocumentation 101 for t rans i ndividuals & f amilies philadelphia...

W ELCOME TO L EGAL I SSUES AND D OCUMENTATION 101 FOR T RANS I NDIVIDUALS & F AMILIES PHILADELPHIA TRANS-HEALTH CONFERENCE 2012 P ROFESSOR S HAWN M ARKUS C RINCOLI

W ORKSHOP O VERVIEW The myth of legal sex or gender Statutes or administrative policies People who make law via decisions Whats in your wallet? exercise An overview of ID and documentation Overview of key pieces of ID/documentation Focus on ID documents/card; lifecycle events Step-by-step how to for transition Spoiler Alert: No perfect universal plan balance of time, cost, geography, status, personal feelings 2

W ORKSHOP D ETAILS ( CONTINUED ) What you can do for yourself And how the internet can help you What attorneys can do for you How to find trans-friendly representation or assistance Specific groups (in brief) Includes: youth, immigrants, veterans, indigent, prisoners Glass Half Empty/Half Full Cautionary Tales & Ongoing Challenges Breakthroughs & Signs for Optimism Resources Bibliography & links Organizations that can help you 3

W HAT IS MY L EGAL S EX OR G ENDER ? Answer: Trick question! In the United States (& in some other countries), NO ONE has an official sex or official gender The Law One and only One Gender Stamp Each jurisdiction or agency makes its own law Reality of law = What people do, not just what books or statutes say 4

W HO G ETS TO D ECIDE ? Expert Punting Lawyers & Law-Makers expect Medical Providers to answer complicated questions of sex and gender with easy, binary answers Medical Providers expect Lawyers & Law-Makers to have coherent, consistent methods for sex or gender stamping Gate-keeping & Evaluating Can range from significant to non-existent; not always easy to predict in advance (many protections are advised based on the unknown future person) 5

W HAT S IN Y OUR W ALLET ? Take a few minutes to look through the contents of your wallet, purse, pockets, backpack, etc. What types of identification documents or cards did you find? How many items of identification are you currently carrying that have any of the following? Your name Your legal or official name A number unique to you A sex or gender marker A photo of you (note how recent the photo is) The power to access your finances, credit or debit 6

T HE WHEN OF THE W HAT How often have you used any of these items in: The past day? The past week? The past month? Did you have the option of *not* using the item or relying on it? What settings and contexts trigger the need for identification documents? Things you can control vs. Things you cant What important documents, papers, and cards do you have that you *dont* carry with you on a daily basis? 7

T HE O RIGIN G OVERNMENT D OCUMENT Birth Certificates (and international equivalents) 8

O THER G OVERNMENT ID/D OCUMENTS Driver License (or non-driver photo ID) Passport Social Security 9

T HE W HY B EHIND THE ID ID/Documents can prove *2* different things: IDENTITY This means that you are who you say you are. Usually will include photos or other records tracing you back to yourself in prior ID/documents CITIZENSHIP This means that you are legally allowed to reside in the country/jurisdiction with all the rights and benefits that come with legal residency It can be important to have *both* types of ID/documents & its often impossible to get new government ID without each of these * Make sure all ID traces back or links back 10

C HANGING ID WHILE T RANSITIONING Multiple ways in which ID might change: New name In US, changing name changing sex Involves court petition & approval (some: hearing) Time consuming & costly, but doesnt require health providers signature Changing sex or gender marker Court approved process vs. administrative Different standards & many recent changes New photo Need to pay for new ID. An overlooked option. New signature (usually due to new name) Important for financial/banking/credit/debits 11

O VERVIEW OF N AME C HANGES Recommended as the first step in changing ID or documents Strong legal right to change your name (in theory) In practice, based on people involved If you have difficulties, trans and/or LGBT legal organizations can often help or step in If you are planning to change sex/gender markers (and can), more costly to change everything twice Official Legal Issue: Do you have a fraudulent purpose, creditors or criminal record you are trying to avoid? Ok if you have debt. Just make sure you are honest and inform everyone with an interest. OK to have been arrested and usually Ok with past misdemeanors. Dont hide info. 12

P ETITIONING FOR A N AME C HANGE What petition/order to use to get your name changed? Samples exist online e.g., http://srlp.org/resources/namechange Some counties or states have a standard computer generated form they want you to use & may pressure you to do so. Note: These forms may be gendered. Even if you arent changing sex/gender marker, your court ordered name change will be the official legal name change you will need to show, so you may wish to avoid mis-gendering pronouns about yourself. What reason to give for the name change? Personal choice/Strategy 13

L OGISTICS OF THE N AME C HANGE Fingerprinting Sometimes required Hearings Some will need to go before a judge in open court. Judges are people. Notice requirement Unless waived, you will have to publish notice of the name change in a local paper Easier in some places for safety-based waiver Sealed record Not usually common Juveniles Typically need parent consent; sometimes also best interests of child Cost Can be anywhere from $80 to $500 (likely ballpark $100 to 300 + fees for publication & copies) Note: Can receive a fee waiver based on petition, showing of no/low income Dont need attorney. Follow directions EXACTLY. 14

D RIVER L ICENSE S EX /G ENDER M ARKER Driver License (or Non-Driver Photo ID) More states allow easier method of changing sex marker Does require health care provider (can be social worker, licensed counselor, etc.) Typically requires them to state /sign that the marker you want on the ID is the gender that predominates Even if you dont drive, can get a non-driver photo ID Proves IDENTITY (not citizenship) Usually more affordable (under $50) & good for 5 years Most commonly shown & accepted photo ID in US, so worthwhile to have recent photo EVEN if name or sex marker is not changed or updated 15

T ID B ITS ABOUT D RIVER L ICENSES If moving is an option, you can obtain a new driver license once you have established residency in the new state (typically 60 days). Good strategy: Moving to a location that allows you to amend your ID more easily However, if you change your license & then move somewhere that is more difficult, you may not be able to trade your old (good) ID for a new (good) one -> Goes back to Origin Documents, Identity & Citizenship (potential for passport) Additional DMV Hurdle: Screener may make sure you have correct ID and forms filled out/to fill out before even letting you take a # to see a clerk 16

P ASSPORT S EX /G ENDER M ARKER United States Passport Card or Book Standards were updated in 2010 Requires licensed physician (with DEA #) Does not require any type of surgery Need appropriate clinical treatment 2 year version & 10 year version (transition in process or complete) PROVES IDENTITY AND CITIZENSHIP Information easy to find & understand online: http://travel.state.gov/passport/get/first/first_5100.html http://mazzonicenter.org/sites/default/files/ma_resources/Na me_Change_Kit%202011%20(Updated%209%2020%2011).pdf 17

T ID B ITS ABOUT P ASSPORTS Can be used to verify citizenship in lieu of a birth certificate; good work around for bad state policies First time applicants must go in person, but can apply in a different location than where you live Will require current photo ID that looks like you Some can change by mail instead of in person (based on having prior valid passport), but may still require you to show up in person (local agency often post office) & sign to verify identity Cost Around $130-180. Extra fees to Expedite. Processing Time 4 to 6 weeks (now) 18

S OCIAL S ECURITY S EX /G ENDER M ARKER Social Security Requires licensed physician Does require sex reassignment surgery Does not specify *which* surgery Card itself does not list sex or gender * 2011 Policy change no longer issuing no match letters based on mismatched gender Proves citizenship or lawful residence (for purpose of work and/or benefits) * Critical for Obtaining Legal Employment or SSA Benefits 19

S OCIAL S ECURITY S EX /G ENDER M ARKER Variation in scrutiny of supporting documents when done in person Can be done by mail (but must use ORIGINAL documents and certified copies & plan to get them back) Without no-match letters & no marker on card itself, less important to update sex/gender as opposed to name IRS will use SSN but not in business of marking gender Due to identity theft, # should not be used if possible Cost New card is free. Low fees for replacements. Additional SSA hurdle: Screener/security may ask why you are there 20

B IRTH C ERTIFICATE S EX /G ENDER M ARKER Birth Certificate or Equivalent Record of Birth Mixed standards: Some states and countries do not allow for ANY change. Fewer make it easy. Many require proof of surgery OR a court-approved sex change (which also often means surgery) Can be more complicated if born in a state requiring court process but living in a state with no such system PA follows US PASSPORT standards; NY & DC require surgery (NYS & NYC differ) Proves CITIZENSHIP (but not identity) 21

T ID B ITS ABOUT B IRTH C ERTIFICATES Typically changes processed by mail Cost Approximately $50 (extra copies cheaper) Cannot change where you were born (sorry) Often worthwhile to amend *name* even if cant change sex/gender marker Good news (sort of): Laws are slowly changing; many administrative policies are old & need revision anyway; US Federal policies are becoming more progressive Bad news: BCs used most often in vulnerable situations youth, shelters, prisons, etc. Additional Birth Certificate Hurdle: Some states amend the certificate on its face, which reveals the changes to anyone who views it 22

T IPS FOR S UCCESS WITH G OVERNMENT Read the instructions aloud & have someone else double-check that you have what you need. Print out the policies & have your forms filled out in advance; organize your material Plan on it taking extra time Bring someone supportive with you, if possible Prepare for having to show ID incongruent with your gender to multiple people Note: If you can choose a different DMV or SSA office in your area that will be more trans-friendly or where you feel farther from home, that can be helpful) Expect multiple trips for the same reason; if you make it in one try, celebrate! 23

A TTITUDE B USINESS C ASUAL Do not assume that people will discriminate or be anti-trans. Be ready for the eye scan that *should* check to make sure that you are really you. Have your forms & documentation organized neatly (papers should look professional) Have policies with you, but do not give people more than they ask for/require Adopt a signature line or mantra that you are comfortable repeating to many people: Example: I am here to. I have brought all the necessary forms and documents. If you bring someone with you to assist, be sure to identify who they are & why they are there or have them do so. 24

R EALLY R ANDOM C HALLENGES Bring change for transit or parking Have two pens that work and write in non-smudging blue or black ink Pay careful attention to what methods of payment are accepted some places want cash or check, others *wont* take cash & use credit/debit cards There is always rain in the forecast when dealing with government bureaucracy. Bring an umbrella. Agencies & Courts often use metal detectors & x-ray your bag. Plan accordingly to streamline this process. Maintaining the focus to know that you will have the ID/documentation you want if you can endure 25

L IST OF P LACES TO C HANGE I NFO Current employer Prior employers if you wish, important for reference check Voting registration can be done with other government IDs Veterans Administration Property Owned mortgage, deed, vehicle registration Insurance policies e.g., auto insurance, health insurance Families: Others (spouses, parents, etc.) may need to change how you are listed as a beneficiary Current Service Providers e.g., utility companies Banking & Financial Banks, Credit Unions, Debit/Credit Card companies, Pensions or Retirement accounts, Credit Rating Agencies Education diplomas/GED, transcripts, school records (youth) Professional memberships or licenses; Library & Civic Associations, Gyms/Y, etc. 26

H OW T O A LL T HOSE O THER P LACES Can send brief letter or fax. Sometimes email or phone call can even take care of it or start process. I have legally changed my name from to. Please update your records to reflect my new name of. Please see attached copies of current, valid ID supporting this. Can use explicit or implicit version of gender change for binary changes Style 1: I have also transitioned from to. Please update your records to list my gender as _____ & refer with ______ titles and pronouns, such as Mr./Ms. or he/him/she/her Style 2: Within name change, use the correct new gender title about yourself (Mr., Ms., etc.) 27

W HAT DO T HEY N EED ? D EPENDS Copy of court ordered name change Tip: Keep one certified copy unstapled for purposes of photocopies or faxing Copy of Driver License or State Photo ID Some may need new signature/signature card May need to visit banks in person (or have quicker results, especially if accompanied with another related person) Can visit larger financial institutions in more progressive locations 28

W HAT A BOUT S POUSES & P ARTNERS ? Marriage or Domestic Partnership Pre-Transition relationships & benefits Post-Transition relationships & benefits Role Pre & Post Nuptial Acknowledgments of Transgender Status Health Care Proxy and/or Power of Attorney Durable Power of Attorney Wills and/or Trusts ensuring beneficiary status even if marital relationship is invalidated later on Some documents can be prepared with state appropriate forms, witnesses, notary Some require more specific legal assistance or representation 29

W HAT A BOUT P ARENTING ? Seek Legal Help! LGBT issues of custody, particularly as related to non-custodial parents are complicated, jurisdiction- specific, and require the attention of an expert Trans-parenting often requires creating legal rights via second-parent adoption, yet also requires additional protection linking rights to the child, even if someone were to invalidate a marriage/relationship Minor errors in documents can lead to major consequences if the relationship between the parents breaks down Seek Legal Help! 30

D ISCLAIMERS & C AVEATS Always in motion is the future Changes in technology, searching & record keeping Information can become out-of-date quickly Using identification documents is not the only way that someone may determine your legal sex & not all situations require them to e.g., Sex-Segregated Facilities - Prisons & Shelters Just because youve changed all government documents does not protect you from all future challenges Courts have held birth certificates or other government documents *not* to be controlling in certain contexts Anytime children or youth are involved, expect extra scrutiny 31

R ESOURCES AND L INKS *Transgender Family Law: A Guide to Effective Advocacy, Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder Target audience: Attorneys representing trans clients Helpful for anyone with college-level reading ability; May also want to bring it/give it to attorney or professional Local: The Mazzoni Center Guide for Changing Your Name and Identity Documents in Pennsylvania http://mazzonicenter.org/sites/default/files/ma_resource s/Name_Change_Kit%202011%20(Updated%209%202 0%2011).pdf 32

R ESOURCES AND L INKS Good internet communities for sharing anecdotal info: http://www.susans.org/forums/index.php http://www.lauras-playground.com/forums/index.phphttp://www.lauras-playground.com/forums/index.php? Helpful to find someone who has experience in your location (the law of what people are doing as opposed to what the law or policy is) Caveats: Everyones experience is different Internet communities often share incorrect information or out-of-date information 33

O RGANIZATIONS P ROVIDING L EGAL H ELP National Center for Lesbian Rights (NCLR) www.nclrights.orgwww.nclrights.org Lambda Legal www.lambdalegal.orgwww.lambdalegal.org Gay & Lesbian Advocates & Defenders (GLAD) Transgender Rights Project www.glad.orgwww.glad.org American Civil Liberties Union (ACLU) LGBT Rights Project www.aclu.org/lgbt-rights/transgender www.aclu.org/lgbt-rights/transgender National Center for Transgender Equality (NCTE) www.transequality.org www.transequality.org Transgender Law Center (TLC) www.transgenderlawcenter.org./cms www.transgenderlawcenter.org./cms Sylvia Rivera Law Project (SLRP) www.srlp.orgwww.srlp.org The Transgender Law and Policy Institute (TLPI) www.transgenderlaw.org www.transgenderlaw.org Transgender Legal Defense and Education Fund (TLDEF) www.transgederlegal.org www.transgederlegal.org 34

A DDITIONAL L EGAL H ELP For specific populations: Immigration Equality www.immigrationequality.orgwww.immigrationequality.org Servicemembers Legal Defense Network (SLDN) www.sldn.org www.sldn.org 35