DMV Success

Saturday, September 30, 2006

On this, the day of NC Pride, it is my pleasure to announce that we have had what can only be called a victory with regard to drivers' license gender markers. Some may recall a BLOG I wrote a few weeks back which made the point that nowhere in the NC General Statutes nor in the NC Administrative Code can be found ANY reference to appropriate gender markers for transitioning Transexuals. I had discovered, upon renewal of MY driver's license, that the policy had been set by the Commissioner of the DMV as set forth in the Driver's Examination Manual. I was not allowed to be privy to this document. I was clearly and succinctly informed that, barring a letter from my surgeon confirming that I had GRS, they would be unable to put the appropriate gender marker, an "F", on my license. They insisted I must keep my "M".

I explained to the officer on duty that this was a discriminatory policy and that it contributed to job discrimination for those seeking employment. No go. I was, however, given the name and phone number of the District Supervisor and was able to contact her a few days later. Suffice it to say that we were extremely fortunate to have found a sympathetic ear. She was not only conversant and educated regarding TS issues, but she knew someone...a close friend...who had transitioned and had GRS. She was happy to inform me where the policy could be found and from whom it was derived. She agreed to send me a copy of the policy.

In the meanwhile, my good friend, "A", an activist in our community for years, had taken an interest in my situation and was pursuing a resolution utilizing resources she had developed over the years. We were fully prepared to meet with the Commissioner of DMV, and to push the issue as far as necessary. But...another stroke of luck for our community. After speaking with the Help Ofice at the DMV, she was able to learn the exact language of the policy statement and realized that it had, in fact, been misapplied. Here is the exact text:

"For a Transgender person to obtain a change of sex on their NC drivers licence, they have to provide a letter from a duly licensed medical practitioner, such as a psychiatrist, therapist or other, that they are in the {PROCESS OF PROCEDURE} in changing their sex, or produce a court order."

The application of policy being currently used by all DMV's in NC had asserted that the letter need be from a surgeon. An examination of the exact policy clarifies the ACTUAL intent of the policy. It need only be from a "licensed medical practitioner". This obviously can include a pyschiatrist. "A" was assured that the policy would, in the future, be applied correctly and she called me to give me the good news. I, in turn, called the District Supervisor who had been sympathetic and so kind and discussed what I had learned with her. After a brief exchange wherein she stressed that the individual writing the letter must be state certified, she agreed with the PROPER application of this specific DMV rule. Furthermore, she has agreed to bring the matter up at the next meeting of State District Supervisors and make them aware of the correct application of this rule.

Needless to say, this is quite a victory for a number of reasons. Firstly, it shows that attitudes ARE really changing, albeit slowly, and the fact that both "A" and I found sympathetic ears in the government in NC is a breath of fresh air. Secondly, all transitioning TG and TS individuals in NC can now be given appropriate gender markers and will possibly face less discrimination in their quest for employment. Thirdly, the ruling in this state as well as in others...New York, Indiana, Tennessee and California...will help to establish "persuasive authority" for other states struggling with specific language in their attempts to create a fair and equitable policy regarding gender markers on drivers' licenses.

On this day of NC Pride...there is cause for celebration and for optimism. Let the flags of freedom be unfurled and may our cries for equal treatment under the eyes of the law be heard far and wide!!

trickster108