For anyone from the USA who is interested. Hope I'm not encroching on your patch, lol. just something I came across


http://www.transgenderlaw[...]dex.htm

http://www.thetaskforce.o[...]lor.pdf

Thanks Cris. That information would be very useful for someone considering relocating to another community that is more TG friendly.
Hugs,
Marsha

Very useful Cristine. The map is great. Now we know which states to avoid!

Hugs, Katie x

Kate, Marsha,

its silly little replies like that, that make my day and suddenly gives me a chokey feeling that perhaps its all worthwhile, perhaps thats why I keep coming back.

Thank you. This is an excellent bit of information that provides me with very mixed emotions.

On the one hand, it makes me happy to know I live in a state (Oregon) that has passed laws against sexual orientation and gender identity discrimination. On the other, it makes me sad to realize that so many other states have not.

Once again, thank you very much for posting this.

I also came across a report of how members of congress voted, by name and state on a federal Gender recognition act, it went in favour of the no-ways 8-1, unfortunately can't find the link again but if I find it, I will post it and you can see how your local congressman voted.

I don't recall the U.S. ever having a vote on a federal Gender Recognition Act. Do you recall what year that may have happened? We have 438 representatives and 100 senators, so I am wondering if this was maybe a state vote versus a federal vote with the numbers you pointed out. Either that or it could have possibly been a test vote in committee because I'm thinking many committees have nine members. Committees explore potential legislation and create the bills that are eventually brought to the whole body, discussed, amended, and voted on, before being sent to the senate which again discusses the bill or offers up their own version prior to a vote. An 8-1 no vote would mean it never made it out of committee to be discussed or voted on by congress.
Hugs,
Marsha

I did'nt realy study it in deapth, perhaps I did'nt remember it correctly, but I will see if I can find it again

Just a little of the requirements under California law. regarding change of name and change of gender, if you do not have surgery, you have to resubmit an application for a recognition cert every five years after fresh evaluation, ?


http://transgenderlawcent[...]-change

Hi Cristine,

Thank you for posting this. I have a friend here in California who is about to start RLE and needs exactly this information. I've already forwarded the link to her.

The Transgender Law Center seems to be local to me, given their San Francisco phone number.

Best,
Melody

Legal aspects of transsexualism in the United States

Laws

States make their own laws about birth certificates and marriage, and state courts have varied in their application of such laws to transgendered people. Several courts have come to the conclusion that sex reassignments are not recognized for the purpose of marriage, including courts in Ohio, Texas and New York.[1] Other courts, including in Kansas and New Jersey, have recognized the reassignments. Almost all U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio, Tennessee, and Texas refuse to change the gender marker, though Texas will do so if a court order is presented. The legislatures and courts of many states, however, including Missouri, have not addressed this issue. Like other states, California will amend birth certificates only for California natives currently living in California. However, unlike other states, postoperative residents of California born outside California may obtain a court-ordered change of name and gender.[citation needed]

In any event, transgendered people are caught up in the current upheaval over gay marriage, either because they are themselves gay, or because they are seeking a heterosexual marriage without state recognition of their gender transition. The problem of marriage recognition and gender markers would evaporate if gay marriage were legalized.

Passports

The State Department determines what identifying biographical information is placed on passports. On 2010-06-10 the policy on gender changes was amended to allow permanent gender marker changes to be made with the statement of a physician that "the applicant has had appropriate clinical treatment for gender transition to the new gender" The previous policy required a statement from a surgeon that gender reassignment surgery was completed .

Discrimination

There is no federal law designating transgender as a protected class, or specifically requiring equal treatment for transgendered people. An attempt was made to add such language to ENDA, but it was unsuccessful. Meanwhile the courts consistently refuse to expand their interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (2000) to include transgendered people.

There are 13 states and 106 jurisdictions (as of October 2007[update including the District of Columbia which feature legislation that prohibit discrimination based on gender identity in employment, housing, and public accommodations. This legislation is similar to protections against sex and racial discrimination.


State   Date begun
Minnesota   1993
Connecticut[10]   2000[11]
Rhode Island   July 17, 2001[12]
New Mexico   2003
California[13]   August 2, 2003
Maine   2005
Illinois   2005
Washington   January 2006
New Jersey   2006
Vermont   2007
Oregon   2007
Iowa   2007
Colorado[14]   2007

Just a little clarification, only the birth certificate issuing state can amend a birth certificate for gender or name change. Should you live in another state than where the birth certificate was issued, that state will have it's own rules for changing documents such as a driver's license, but cannot make another state change records such as the birth certificate. I happen to have been born in Washington state, I had my court ordered name change here in Georgia, then sent copies of the court order to Washington and they made the changes. Because of the same sex marriage issue, I will not change my birth certificate gender even though Washington state provides for it after surgery because I want to keep my marriage valid. However, I will still be able to have the gender on my driver's license changed to female after surgery. All that may make things more confusing, so gals in the U.S. need to check with their particular states to ensure changes are properly handled.

I can vouch for the new Passport requirements that took effect on June 10, 2010. I had some issues with the wording from my medical physician, but once that was straightened out I was issued a permanent female passport.

Hugs,
Marsha

thanks Marsha.

What this site needs realy is, lots of comments from members living in various states to post positive information as to how the laws are applied in their particular state, Something I think thats realy needed. does'nt seem as though any particular person wants to take on the colossal task of tying to cover the whole of the USA. I did read a snippet on the fact you mentioned that some states require a person to apply to the state they were born in.. Seems in some ways Canada is the same and the laws on this subject vary from province to province.

Hi Cristine,

Just a quick follow up to my last post in this thread. My friend, who I met as "Doug" more than a dozen years ago, will be legally Mary Jane as soon as the legal papers she filed this morning are processed by the Ventura County Court down in Southern California.

She asked me to tell you, "Thanks, Love and Hugs."

You've had a very positive effect on the life of someone I'm pretty sure you've never heard of.

Best,
Melody

Melody

I realy did\nt want to get involved in how the laws work in the USA, but during my own research on UK laws, keep coming across stuff that mentions laws, complex and varied that affect all countries.

Certainly don't want to tread on anyones toes. but if it helped one person, then its worthwhile, just a little token of helping out. I would love to see a USA law forum, or if Anyone from Canada or the USA or indeed any country wants to post in my forum, just add the country/state to the thread title. I would love to learn. make constructive comparisons. Perhaps we could all then fight for the best of everything for everybody. nice thought a WW transsgender rights act??? Come on all the girls from the USA find out how your rights are affected in your state and post them in my forum.

FROM THE HOME PAGE

Sara Heart Hey I need help if there is anyone who knows how I might change my gender marker on a birth certificate from Germany? I was born in Frankfurt am Main, Hessen, Germany. I live stateside now and was curious if any of you had experience or may know? Thanks!!! please message me!  

FROM THE HOME PAGE

Cristine, Shye (GS Admin) America is rather confusing about such things, varying rules differ from state to state, as far as Germany goes, I think you can only change the gender marker there on your BC if you go all the way and have SRS. The Gender recognition certificate in the UK, issued under the GRA 2004/ amn 2005 does not require you to actually have surgery, I did post in the USA forum a list of relevant area authorities and leads to information about this. some states will only allow you to register there if you changed your BC in the state you were born in, if you now live in a different state. better to ask questions like this in the USA Forum

This post was edited by Cristine Jennifer Shye. BL at March 23, 2013 8:12 PM GMT