Federal appeals court upholds Alabama policy on gender designation on driver's licenses

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Federal appeals court upholds Alabama policy on gender designation on driver's licenses
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The Alabama policy requires people to show proof of 'gender-reassignment surgery' before the sex designation can be changed on their driver’s license.

In this Feb. 6, 2018, file photo, Destiny Clark, 33, of Odenville, Ala., sits for a portrait in Odenville, Ala. Alabama’s policy requiring a transgender person to undergo full gender reassignment surgery before they can change the sex on their driver’s license was upheld by a federal judge Friday, Sept. 20, 2024 requiring people to show proof of “gender-reassignment surgery” before the sex designation can be changed on their driver’s license.

The defendant in the case is the Secretary of the Alabama Law Enforcement Agency, the agency that oversees driver’s licenses for the state. “Policy Order 63 does not violate the Equal Protection Clause because it does not impose a sex-based classification—the Policy Order does not single out or disadvantage anyone because of their sex, or regulate based on stereotypes; rather, it imposes the same objective conditions on everyone,” the 11th Circuit judges wrote in their opinion.that requires proof of surgery to change the gender identification on a state ID.

During arguments in front of the 11th Circuit Court, the state’s attorney argued the policy was not discriminatory.

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