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What does changing your name or gender marker on official government documents now entail? KQED spoke to a lawyer about what trans, intersex and nonbinary people can expect during the lengthy process.issued an executive order stating that the federal government would recognize only two sexes, male and female.
As a result, the State Departmentas an option and suspended its previous policy that permitted transgender, intersex and nonbinary people to update gender markers on their passports. After a back-and-forth in the federal courts following aThe latest update is not the end of the road for trans people and gender markers, San Francisco lawyer Alexis Levy said, since “this decision doesn’t dispose of the lawsuit in general.” “That will take several more months at least,” Levy said. “This was, which is a very specific subset that’s become a very frequent feature in this administration, and the Supreme Court during this administration.”issued an executive order stating that the federal government would recognize only two sexes, male and female. As a result, the State Departmentas an option and suspended its previous policy that permitted transgender, intersex and nonbinary people to update gender markers on their passports.But the latest update is not the end of the road for trans people and gender markers, San Francisco lawyer Alexis Levy said, since “this decision doesn’t dispose of the lawsuit in general.”“That will take several more months at least,” Levy said. “This was, which is a very specific subset that’s become a very frequent feature in this administration, and the Supreme Court during this administration.”“People saw the writing on the wall,” said Levy, who has been hosting free gender marker and name change clinics with other LGBTQ+ organizations, includingBut what does changing your name or gender marker on official government documents now entail? KQED spoke to Levy about what trans, intersex and nonbinary people can expect during the lengthy process. Please bear in mind that this is not legal advice, and it’s always a good idea to talk to an expert about your individual situation before taking concrete action — especially because current events may have superseded some information online.that the State Department “must allow people with a gender identity different from their sex assigned at birth to self-select the sex designation on their passport,” leaving a brief window of time in which trans Americans could update or renew their documents accordingly., all new, renewed and replacement passports will now use the gender marker assigned at birth — and the ‘X’ gender option is no longer available. While there’s still another decision to come from the First Circuit Court of Appeals left, which could lead to another brief window in which trans people can once again adjust their gender markers, this timeline is “really hard to predict,” Levy said. “My advice remains the same: that it is better to have a passport with the wrong gender marker on it than it is to have no passport at all,” they said. In addition to the confusion and anxiety caused by the frequent policy changes, the situation remains “demoralizing” for many trans, intersex, and gender non-conforming people across the country, Levy said — people who were already reeling from the Trump administration’s January executive order affecting their passports.in February that after filing paperwork to change his gender marker to male on his passport before Trump’s inauguration, he received a passport marking him as female. Euphoria actor Hunter Schafer detailedhow her new passport lists her as male, despite having female on her government documents since she was a teenager. “I’m just sort of scared of the way this stuff slowly gets implemented,” Schafer said in her social post, explaining her concerns about possibly being forced to out herself in front of a border patrol agent. “We are never going to stop existing. I’m never going to stop being trans,” Schafer said in her February video. “A letter and a passport can’t change that.” “There’s really no purpose for policies like this one, apart from making the people it affects’ lives miserable,” Levy said.The U.S. State Department’s site said that a passport with an “X” marker or that “lists a sex other than sex as defined by the White House executive order”, said it’s not aware of any confirmed incidents “where individuals have faced problems leaving or reentering the United States using an unexpired passport issued prior to the 2025 policy changes — including those with an X gender marker.” However, stressed Lambda Legal, travelers should weigh their personal circumstances, “including how you use your passport, your plans for international travel, and your individual safety needs and risk tolerance.”There is no one universal application where you can change your name or gender marker for all of your documents and changing one does not prompt another document to change. You have to do it “manually 100% of the time,” Levy said. Levy said the four major documents people have historically wanted to change to reflect an update to their name or gender identity are:California, along with several other states, still allows people to change their gender marker or use “X” on state-issued documents like their birth certificate or driver’s license. Other documentation or information that a person might update to reflect a new name or correct gender marker could potentially include: green cards, visas, foreign passports, citizenship certificates, health insurance, insurance and information around banking and credit cards. And name changes, especially, don’t have to be confined to government documents, Levy said. “Anywhere where your name is attached to it is somewhere where eventually you’re going to have to update it,” said Levy, who went through the name change process themself last summer.How can I legally have a change of name and/or gender identity recognized? To update a lot of your major documentation to reflect a new name and/or correct gender marker, you’ll need to go to, which will be filed with your local clerk . See. Levy notes that some counties may ask for more biographical information for background-checking purposes, including height, weight and place of birth. After you’ve provided the information required by your county, generally, the clerk will then send the forms to a judge, who will then“specific supporting documentation.” Some people may still consider obtaining the court order regardless of having their gender marker changed, even if it’s possible to do so in California without the order, Levy said. That includes people born in another state or country that does require a court order to make such a change. Californians may also consider obtaining the court order as a kind of insurance against potential future changes in federal policy regarding self-selection on gender markers, Levy said, since the Constitution mandates that the federal government. As well as other states, The bureaucratic process of updating a birth certificate without a court order can also be intricate and specific, according to Levy. And since any administrative mistakes on the applicant’s part can lead to long delays, they recommend you consult a legal expert if you choose to go this route.Once I’ve obtained my court order recognizing my name and/or gender identity change, how can I start updating my documents?it “maintains information in its computer records on everyone who has a Social Security number, including name, date of birth, and sex.” The California Department of Motor Vehicles — as well as the State Department, banks, insurance companies, credit card companies and more — often use the Social Security database to cross-reference and confirm people’s identities. Changing a name with the Social Security Administration is almost always a prerequisite before updating other government IDs and insurance, Levy said., notes that as of Jan. 31, the Trump administration has directed the Social Security Administration to “stop processing gender marker updates” associated with their records.that Social Security benefits are not dependent on sex. However, “when applying for Medicare, Medicaid, or Obamacare health insurance through the marketplace, use the sex that matches Social Security,” the group said.Updating your birth certificateAccording to the state, the decision period in which a judge signs the name change and gender recognition order is. But in many cases, this can vary, Levy said, and the process can be delayed even longer if there are mistakes in your paperwork. And once the court order is approved, “each of those individual documents takes different periods of time,” Levy said. “So California birth certificates take about four months. … Usually Social Security, you do that, and you get a new card in the mail within two weeks.” for people whose household income is below a set amount or who receive public benefits if a judge approves it.What if I am worried about my safety?Do I need to be a certain age to update my name or gender marker?Andrea and Milo Ronquillo sit with attorney Alexis Levy near the Civic Center Courthouse in San Francisco on Feb. 26, 2025.Identity Affirmation Workshop and said the service is pro bono to anyone living in California or, if they live out of state, born or married in the state. This story was originally published on March 6 and has been updated to reflect that Alexis Levy’s nonprofit is called Identity Affirmation Workshop.
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