Identity and Identification, They Aren't the Same

Identity and Identification, They Aren't the Same sounds like a simple thing and most people would understand it from the very beginning. But stop and think about, when someone identifies as this or that it is not the same as who they are identified as. In my case I am identified as Stephanie and I identify as a transgendered woman. The issue for me is that even though my drivers' license and my social security card identify me as such, my birth certificate says I am someone else. When it comes to traveling, especially across borders, but even to other states can be tasking enough for a non-transgendered person. Add in being transgendered and then it becomes even a bigger issue because of the legalities that can be involved, various laws, if any from locale to locale in the protections or anti-discrimination laws for Lesbian / Gay / Bisexual / Transgender (LGBT) people.
In a discussion this weekend about traveling outside of the US as a transgendered person it was assumed that we could travel without any problems just as everyone else can. The comment was that driving back from Canada all you had to do was show them your Drivers License and Birth Certificate. While this is true except for when your name on your drivers' license and the name on your birth certificate do not match. You will be stopped and asked to pull into an inspection lane for further questioning and inspection under Homeland Security policy. From that point on all kinds of situations can arise and I am pretty sure many of them would be uncomfortable for the person being detained until they could prove that they are who they say they are. Nowhere on the Homeland Security and Customs websites did I find any mention about how they are supposed to handle this type of situation. I will continue to seek out the answer.
Identification is usually the biggest issue right along with safety. If a person is presenting as one gender, but their identification still shows as them as the opposite gender there can be problems depending on the locale, the laws if any, level of acceptance and understanding with the individuals involved. This is very often a major concern and even more so in the early stages of transition, it is not only confusing for others, but frustrating and also very threatening because of the fear that it generates within the transitioning person.
Back on January 31, 2008, U.S. and Canadian citizens 19 years and older who enter the U.S. at land and sea ports of entry from within the Western Hemisphere are required to present government-issued photo ID, such as a driver’s license as proof of identity, along with proof of citizenship, such as a birth certificate or naturalization certificate, or a passport. Children age 18 and under will be able to enter with proof of citizenship. Verbal claims of citizenship and identity alone will not be sufficient to establish identity and citizenship for entry into the United States.
One website that I used as part of my research for this article even goes as far as to say "Identification papers such as a passport or birth certificate are recommended." "You also may be asked to show a return air ticket or proof of sufficient funds. Know the rules and make sure your appearance is not cause for suspicion (probably not a good day to be wearing your "legalize marijuana" t-shirt!)."" Customs inspectors do have the power to ruin a vacation. If you come under strong scrutiny for any reason, answer questions directly and politely. Tempting though it may be, wise-cracking and rudeness will only be to your own detriment."
A check that I did on just how and how many states will change someone's birth certificate if they are transgendered showed me that many will but again it is hit and miss according to individual state laws and I wasn't able to find any information on how to get a passport without having a birth certificate. I am sure that all of this information is available somewhere, but one thing for sure there isn't any one single source for it.
Also, another issue is that in Washington State they will amend your drivers' license to reflect your new gender pre-surgery with having the proper documentation from your medical doctor, but your birth certificate cannot be changed until post surgery.
In my particular case, I was born in Washington DC and their laws are fairly the same. I have to have a letter from my surgeon stating that they had preformed Genital Reconstructive Surgery or GRS on me and only then will the Health Department change my birth certificate.
It leaves me wondering just how I am supposed to get my passport so I can travel to Canada or Thailand so I can have my surgery. If you have been through this as a Transgendered person, I would really like to talk to you so I can get more information as to how this can be done.
Another critical part of this is that not all transgenders have GRS. Due to whatever their circumstances may be they remain the same "birth gender" but transition to that point where the only thing left is for them to have GRS. Today, almost half of the population in the United States live in an area where there is some form of legal protection for transgendered people, That is up from about 4 percent of the nation in 2001, In addition to the 13 states, more than 100 jurisdictions, including the District of Columbia, have added a transgender provision to their antidiscrimination laws, yet the laws and/or governmental policies very often either conflict with each other or they don't exist as of yet.
Go Northwest is an information website about cross border travel at http://www.gonorthwest.com/Visitor/planning/border/border.htm or visit the Homeland Security Website at http://www.dhs.gov/xtrvlsec/crossingborders/ for more information on international travel requirements. (All Rights Reserved)