The Alabama policy that mandates individuals to provide evidence of “gender-reassignment surgery” prior to changing the sex designation on their driver’s license was upheld by a federal appeals court on Friday.
The United States Court of Appeals for the 11th Circuit has overturned a district court’s 2021 decision in Alabama that deemed the requirement unconstitutional.
Darcy Corbitt, Destiny Clark, and a third plaintiff, who wishes to remain anonymous, filed a lawsuit in 2018 against the policy, arguing that it discriminates against transgender individuals. Represented by the American Civil Liberties Union, the plaintiffs aimed to modify the gender designation on their licenses without being required to undergo surgery.
The Alabama Law Enforcement Agency Secretary, who is responsible for overseeing driver’s licenses in the state, serves as the defendant in this case.
According to Policy Order 63, individuals who wish to change the gender designation on their license must submit either a letter from the doctor who performed their gender-reassignment surgery or an amended birth certificate.
The plaintiffs alleged that the order violates the Equal Protection Clause, but the federal court ruled otherwise.
According to the opinion of the 11th Circuit judges, Policy Order 63 is not in violation of the Equal Protection Clause. The judges argued that the order does not discriminate against anyone based on their sex or rely on stereotypes. Instead, it applies the same set of objective conditions to everyone.
Alabama is among nine states that have a requirement for individuals to provide proof of surgery in order to change their gender identification on a state ID. On the other hand, there are twenty-two states that permit residents to choose an ‘X’ gender marker on their license.
According to Edmund LaCour, the identification documents used by law enforcement contain various identifying information, such as date of birth, height, weight, hair color, eye color, signature, and sex.
In 2021, U.S. District Judge Myron Thompson declared the policy unconstitutional and instructed the state to issue new licenses to the plaintiffs that accurately reflected their gender as women. The state’s attorneys stated that they would revoke the licenses if the ruling was overturned during their appeal.
According to Corbitt, one of the plaintiffs in the case and a graduate research assistant at Auburn, her decision to file the lawsuit was influenced by a negative experience she had after returning to Alabama. In an interview with AL.com in 2018, Corbitt stated that she initially received excellent treatment and courtesy at a license office in Lee County, Opelika. However, as soon as the clerk noticed the “male” designation on her license, the friendly atmosphere quickly dissipated.
Corbitt expressed her frustration with the clerk’s decision to publicly discuss her gender identity, causing her humiliation in front of a room full of strangers. Despite already having her gender changed on her Social Security and passport, Alabama still demanded proof of surgery.
She declared, “Our identities and worth cannot be defined by the state of Alabama.”
Clark, a health care worker from Birmingham, expressed her motivation to pave the way for younger transgender individuals, ensuring they do not have to face the same embarrassment she and others have experienced.
