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Currently, transgender Alabamans may only change their gender marker on a driver license if they have had certain gender-affirming surgery. This policy makes it impossible for most transgender people in Alabama to obtain a license that they can use without sacrificing their privacy, safety, health, autonomy, and dignity.

Gender-affirming surgery is an important form of health care that many transgender people want and need. Many other transgender people do not want or need it, though—and some who do cannot afford it. Transgender people’s gender identities are valid regardless of what health care they have had, and the government has no justification for meddling in these personal health decisions. Most states and the federal government do not require surgery for changing the gender marker on identification.

People in Alabama typically need their license on a daily basis. Transgender people, unlike others, have to get by without one, or use a license that shows the wrong gender and so puts them at high risk of harassment and violence. That’s discrimination, and it’s wrong.

Update: On September 20, 2024, the Eleventh Circuit court of appeals ruled that Alabama’s refusal to issue accurate drivers licenses to our clients did not violate the federal constitution.