New Hampshire DMV Nixes Barriers to ID Changes
Residents can now self-attest to their gender identity on application forms
BY TAT BELLAMY-WALKER
The New Hampshire Division
of Motor Vehicles
(DMV) is fi nally recognizing
an existing law
that allows transgender and nonbinary
individuals to update the
gender marker on IDs without presenting
a doctor’s letter.
New Hampshire’s State Legislature
in 2019 passed the new law
allowing an option for the gender
marker “x” on government-issued
IDs, and last year the law went
into effect. Nowhere in the law did
it point to a requirement for medical
documentation, but the DMV
still required it — at least until
now.
A Granite University student
named Rho said they previously
tried updating their legal sex to
“X” but were told they needed a
doctor’s letter to affi rm their gender
identity. Rho informed GLBTQ
Legal Advocates and Defenders
(GLAD), an LGBTQ legal group,
and they brought the issue to the
attention of New Hampshire Attorney
General John Formella. The
DMV went on to update its website
to allow folks to update their
gender marker on their own.
Rho said they hoped correcting
their state ID would help them
build community with others and
avoid transphobia in the workplace.
Rho also emphasized that
it’s critical for them to have “a legitimate
document that accurately
expresses” their gender.
“As someone who is non-binary,
Indigenous, and a person of color,
I felt I had to stand up for all my
identities,” Rho said. “Acknowledging
our name and identity is a human
right. It’s a means of respecting
one another.”
Rho also highlighted the impact
that the change could have on
non-binary individuals across the
state.
“I’m happy this is happening in
my life,” Rho said. “But I’m really
happy it’s helping other non-binary
young people to be respected
Americans, because it’s our birth
right to be free.”
LEGAL
Non-binary and transgender people in New Hampshire are no longer required to present a doctor’s letter to update their gender marker on state-issued IDs.
Rho’s lawyer, Andru Volinsky of
160 Law, PLLC, in Concord, New
Hampshire, noted that the former
policy made it diffi cult for non-binary
and trans people to access a
legal gender marker change.
“My client, Rho, simply wanted
a New Hampshire state ID that
accurately refl ects their non-binary
gender,” Volinsky said in a
written statement. “Being asked
for a signature from a medical
provider didn’t make sense and
added unnecessary stress to what
should have been a straightforward
process. The requirement
also penalizes individuals with
less access to medical resources,
exacerbating an already inequitable
situation. I was glad to be
able to assist Rho in advocating
for this change that will allow
them and other non-binary residents
in New Hampshire to have
accurate identifi cation.”
In defending Rho’s case, legal advocates
praised local government
leaders for acting on the issue.
“We were pleased to see that
once the issue was brought to their
attention, the attorney general’s offi
ce and the Division of Motor Vehicles
recognized that the health
care attestation form was unnecessary
and removed that form
from use for any new or corrected
driver’s license or state ID,” Chris
Erchull, a lawyer at GLAD, said in
a written statement.
FACEBOOK/NH DIVISION OF MOTOR VEHICLES
This year, New York state enacted
the Gender Recognition Act,
which allows LGBTQ folks to update
their state IDs with the gender
marker “X.” The law stipulates that
trans and non-binary people are
not required to present a doctor’s
note when updating their legal
gender marker and waives a rule
requiring individuals to publish
their name change in a paper.
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