D.C.
Offers Gender-Neutral Driver’s Licenses at Odds with Federal
Law
JUNE 28,
2017
The famously corrupt local government surrounding
the nation’s capital is offering gender-neutral driver’s licenses, even
though it violates federal law. Beginning next week residents in Washington
D.C. can obtain the gender-neutral licenses, according to a local
news
report that quotes the D.C. councilwoman behind the measure
proclaiming “you have the right to make a choice between male and
female.” In the article the lawmaker, Brianne Nadeau, is referred to as a
gender-neutral “council member.”
Residents will have an
array of gender choices that include “non-binary” and
“undesignated,” according to the D.C. Department of Motor Vehicles
(DMV). Depending on what option is chosen, an “X” will appear on the
card in the place of an “M” for male or “F” for female.
Councilwoman Nadeau, who represents Ward 1, is sponsoring a bill to make
the gender-neutral licenses part of the permanent city code. She’s
concerned that the gender-neutral license program can be revoked by a new
administration in D.C. government. “The District has always sought to be
a safe and welcoming place for our LGBTQ community, and today we are
continuing to deliver on that legacy,” the councilwoman said in a
statement posted
on her official website. “Gender is a spectrum and some of our residents
do not identify as male or female. Current licenses force residents to
conform to genders that don’t accurately reflect their identity. This has
not only a practical impact but also a deeply negative emotional and mental
health impact. This bill changes District identification documents so they
can accurately reflect the needs of our residents.”
D.C. is
the nation’s second jurisdiction to offer gender-neutral licenses. Oregon
was the first, allowing residents to mark gender as “not specified” on
applications for learner’s permits, identity cards and driver’s
licenses. Beginning next month, the state is also allowing residents to
change the “sex designation” on existing licenses or ID cards. “The
information you provide to DMV when changing your gender designation will
be kept confidential,” according to the Oregon DMV
website.
Not surprisingly, California is also working to pass a similar measure and
the state’s Senate has already approved a bill (
Gender
Recognition Act), that also includes gender-neutral birth certificates.
The California bill states that “every person deserves full legal
recognition and equal treatment under the law” and the legislation aims
to “ensure that intersex, transgender, and nonbinary people have
state-issued identification documents that provide full legal recognition
of their accurate gender identity.”
The problem with all
this is that it’s at odds with federal law, at least the driver’s
license portion. The
REAL
ID Act, passed by Congress after the 9/11 terrorist attacks
specifically requires gender on each driver’s license and identification
card issued to a person by a state. The law was enacted in 2005 at the
recommendation of the 9/11 Commission to establish minimum security
standards for state-issued driver’s license and ID cards. It also
prohibits federal agencies from accepting for official purposes licenses
and identification cards that do not meet these standards. Title II of the
act specifically states that “features on each driver’s license and
identification card issued to a person by the State” must include: The
person’s full legal name; the person’s date of birth; the person’s
gender; the person’s driver’s license or identification card number; a
digital photograph of the person; the person’s address of principle
residence; the person’s signature; physical security features designed to
prevent tampering, counterfeiting or duplication of the document for
fraudulent purposes; a common machine-readable technology with defined
minimum data elements.
Under the Real ID Act federal agencies
are prohibited from accepting driver’s licenses or ID cards from
noncompliant states for official purposes, including boarding an aircraft,
accessing federal facilities and entering nuclear power plants.
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