Transcript Transgender Rights and the Law 101

Legal Issues involving transgender
clients
 Demographic
information: i.e. birth,
parents, places lived
 Employment History
 Career/Professional associations or
memberships
 Criminal background
 Creditor issues
 Other names the petitioner has used
 Educational
background
 Criminal background
- effective date of this provision is June
15, 1995.
- Crimes committed prior to this date
may not be considered.
- Crimes after the date can be
considered but an evidentiary hearing is
required.
Finfrock v. State ,932 So.2d 437 (Fla. 4th
DCA)
 Real
ID Act of 2005 – created issuance
standards for state identification
cards/licenses
 Florida requires the following documents
- proof of legal name change (certified
copy)
- Original documents to prove your
identity (birth certificate, passport etc.)
 Medical
affidavit assigning new sex
identifier
 Old state issued identification
 Social Security Card
 Proof of residential address
 Must
be signed by the physician treating
you in affidavit form.
 May be executed on the physician’s
letterhead
 Must include the physician’s license #,
State of issue and DEA registration #
 Address and telephone number of
physician.
Language Stating that he/she is the attending
physician for the customer and the he/she has
a doctor/patient relationship with the client.
 Language stating the client has had
appropriate clinical treatment for gender
transition to the new gender (male or female);
and
 Language Stating “I declare under penalty of
perjury under the laws of the United States the
forgoing is true and correct.”
 It must be signed by the physician in the
presence of a notary.

• Obtain a certified copy of the Final Judgment of Change of Name
• Fill out forms DH 429 and DH 430 and send to Department of Vital
Statistics with certified copy of the Final Judgment and copies of your
Florida Bar Card and drivers license. Include a check for $20.00.
• If client changed name out of state you will need a certified copy of the
other State’s judgment.
• a sworn affidavit from the physician who performed sex reassignment
surgery, containing the medical license number, stating that you have
completed sex reassignment in accordance with appropriate medical
procedures and that you are now considered to be a member of the
reassigned gender
• The administrative directive specifically states a copy of the individual’s
medical records are to be produced. They’ve never asked for them.
• Florida will change the gender marker and
name on a concealed weapons license.
• The requirements are the same as those for a
drivers license.
• Client can bring their Florida Drivers License
and physician letter to regional office or mail
physician letter with copy of drivers license to
Tallahassee office.
If you are a U.S. citizen and have not previously established citizenship with SSA, you will need to present a birth certificate, U.S. passp
Complete Application for a Social Security Card;
Form SS-5
 Proof of new identity: I.e. new birth certificate,
certified copy of Final Judgment of Name change
 Proof of former identity
 A letter from the surgeon or attending physician
verifying sex change surgery has been
completed. This letter must clearly identify you as
the person changing their gender marker.
 Legal name change judgment (certified copy)
 If you are a U.S. Citizen and have not previously
established citizenship with SSA, you will need to
present a birth certificate, U.S. Passport or other
document establishing citizenship.

• If you are a non-citizen, you will need to show documents
proving your immigration status and work
eligibility. These documents could include Form I-551, I94 with unexpired foreign passport, and/or work permit
card (I-766 or I-688B). Because there are many types and
combinations of qualifying documents for non-citizens,
you should call SSA to confirm that your documents
qualify.
 As
of June 2010 the State Department
began issuing passports for ten years to
individuals in the midst of transferring
from one previously assigned gender to
another.
What you need:
 Statement from physician that it is
needed to facilitate gender transition
 Physician’s full name, medical license or
certificate number
Drug Enforcement Administration (DEA) #
Physician’s address and telephone number
Language state that he/she is the treating
physician for the individual, has a doctor/patient
relationship and the patient has had appropriate
clinical treatment for gender transition to the
new gender
 Must state at the end: “I declare under penalty of
perjury under the laws of the United States the
forgoing is true and correct.”
 Those individuals who have not complete gender
transition can get a passport good for two (2)
years.



FTMs may be concerned with the selective
service requirement although the issue rarely
comes up in everyday life.
 The only situation when it occurs commonly is
when a student is applying for financial aid in
college.
 If you have already changed your sex identifier
on your birth certificate you can provide
documentation that shows your transition.
 Or you can fill out a Status Information Form (SIL)
and request a letter that shows you are exempt.

 You
must explain in detail why you
believe you were not required to register
for the selective service and should
include any supporting documentation
you have to assist in making a
determination.
 This service is free.
 The letter you receive will not out the
individual as it will not state why you are
exempt.
• MTF clients must register with the Selective Service.
• If there is a draft the client an apply for an exemption.
• A client can fill out a Change of Information form SSS Form
2. This form can be obtained at a U.S. Post Office, U.S.
Embassy or Consulate abroad.
• Client can also change information via letter. In the letter,
include your full name, Social Security Number, Selective
Service Number, date of birth, current mailing address and
new name.
DD214
• Client can fill out DD149 requesting to request that the
information be changed (i.e. name and gender).
• Items to be submitted with the request: name change
order, U.S. Passport (copy), State drivers license or
identification card showing updated name and gender,
court order recognizing gender, physician letter.
DEERS (Defense Enrollment Eligibility Reporting System
• Two forms of identification that are listed as acceptable on the
federal Form I-9, one of which is a government-issued picture ID.
Passports, driver’s licenses and Social Security cards are
recommended, but the Department of Defense will accept all
documents on page 9 of the I-9 list
(http://www.uscis.gov/sites/default/files/files/form/i-9.pdf).
• If name change is requested, a court order legally changing your
name.
• If gender marker change is requested, a signed statement, on
office letterhead, from a licensed physician. The statement must
include the following information provided for a U.S. Passport.
• Any honorably discharged veteran is eligible for medical care
within the system as long as they meet income limits or possess a
status that does not have an income limit.
• Statuses with no income limit are veterans who have service
connected disabilities, veterans declared missing in action and/or
prisoner of war, purple heart recipient and medal of honor
recipients.
• Other Veterans qualify on the basis of income and may be
required to pay a co-pay for visits and medications.
• To change name with the system the veteran submits a certified
copy of the name change order their regional office.
• A letter from their physician similar to the one used for a drivers
license can be used to change gender in the system.
 Individuals
who are not citizens and believe
that they will be persecuted if forced to
return their country of birth may be able to
be granted asylum.
 The threat of harm must come either from
your government or from a group or person
that your government will not or can not
control.
 Your fear of harm must also relate in part to
your race, religion, nationality or group
association.
 Must
apply within one year of your last
arrival
 Must fill out the required forms
 If convicted of a felony or misdemeanor
you may not be eligible for asylum or if
you have missed the one year
requirement.
 However, you must speak to an attorney
who practices in immigration law to get a
definite status on your eligibility as it
concerns this subject matter, regardless.
Although Florida is a right to work state
employers are not excused from observing basic
rights awarded to employees by Federal law.
 Title VII of the Civil Rights Act of 1964 – identifies
“sex” as a protected class. Cases in the last ten
years have established that this category
includes those who fall within transgendered
descriptors.
 Americans with Disabilities Act of 1990 – this is
not generally used in these matters, however if
the gender disphoria has a physical component
to it, this may be used. Without a physical
component this act will not be considered (i.e.
genetics, chrosomal abnormalities, etc.)

 Always
have copies of your employee
handbook at work and at home.
 If you are issued an employee handbook
acknowledgment but not a copy of the
handbook itself, request it.
 Check frequently for updated copies of
the employee handbook. If you don’t
understand provisions ask your human
resource office to explain.
Make sure you ask what “gender” is defined as
with your employer, if it listed as a protected
class within the organization with no other
descriptor.
 Be aware of proper reporting channels in the
event that you are harassed in the work place.
 Assist your human resource office in
coordinating training and gender neutral
bathrooms.
 Document all incidents of harassment in writing.
This should be done at home on your own time
and not at work.
 Form letter from attorney is attached to outline.

 The
U.S. Tax court ruled in February 2010
that medical treatment for gender identity
disorder is deductible under the Internal
Revenue Code as medically necessary
expenses.
 When advocating for yourself and others it
is best to use non-confrontational terms.
Don’t get a good conversation off to a bad
start.
 Consider acquiring a living will, health care
surrogacy, preneed guardianship and
durable power of attorney.
 The
tax law ruling mentioned earlier can
be used in family law actions in divorces.
 Individuals with minor children and in
legally recognized marriages or
family/dependency court proceedings
may want to consider insuring that any
mental health or health care provider
they see for counseling or treatment is
amenable to appearing in court on their
behalf.