Interstate identity

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Interstate identity Empty Interstate identity

Post  Tara on Mon Mar 18, 2019 4:14 pm

I know this isn't the place to get qualified legal advice, so consider this more a matter of an interesting (to me, anyway) discussion. It's not yet urgent, and I still have to take the first steps in my current state, but it's something I've wondered about for a while.

I currently live in a US state with workable name change and quite good gender identity protections, including the gender marker change for driver's license.

I was born in Texas, a state that requires a court order for birth certificate name and gender marker changes. I didn't live there long, but they still control my birth certificate.

The place I consider my home town, though I've not lived there in over 30 years, is in a southern state that not one of the best for gender identity protections, but does have some mechanisms in place. I lived there growing up, and through graduate school, and so have a history there with the state government for things like driver's license and taxes.

If I were to change my name and gender marker in my current state, along with federal social security and passport, and then moved back to my home state, how complicated would matters be in ensuring that all my state identities recognized my most current situation?

Alternatively, if I were to move yet a different state, one that sort of falls in-between on protections, would the new identity information transfer directly, if I hadn't gone through the pain of getting my birth certificate updated?

And, an extra twist, if I were to change my gender marker to 'X', and then move to a state that doesn't support that marker, what would happen?

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Interstate identity Empty Re: Interstate identity

Post  MichaelaSJ on Mon Mar 18, 2019 4:37 pm

A state, let's call it State 1, is required by the U.S. Constitution to honor another state's, let's call States 2 - 50, documentation.

So, if in State 1 you were to change your birth certificate and name, then States 2- 50 must honor State 1's documents.

From the U.S. Constitution:
Article IV, Section 1:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
I live in California which allows both gender and name changes without also requiring surgical modification. I would not want to get sick in a state where I would have been denied a gender/name change and have to test their local laws.

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Interstate identity Empty Re: Interstate identity

Post  Tara on Mon Mar 18, 2019 6:27 pm

Right. But if I change my name and gender marker in State 1, but don't update my birth certificate in State 2, because it's a slow and expensive process that requires a judge's order (and judges there have been known to reject the request), then my information from States 1 and 2 don't match. How likely is it that State 3 will accept my good information from State 1, and not my old information from State 2?

Does anyone have experience with this sort of thing?

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Post  MichaelaSJ on Mon Mar 18, 2019 6:31 pm

If you present a valid state-issued document from State 1, then State 3 must acknowledge the document. Where would State 3 get the State 2 document to challenge the State 1 document?

If you apply for a drivers license and if asked the question have you ever had a license under a different name, you must answer correctly. But I still would wonder why State 3 would want to know why your name in State 2 is different.

(This seems like an LSAT question!)

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If you don't want a man unhappy politically, don't give him two sides to a question to worry him; give him one. Better yet, give him none. Let him forget there is such a thing as war. If the Government is inefficient, top-heavy, and tax-mad, better it is all those than that people worry over it. Peace, Montag.
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Interstate identity Empty Re: Interstate identity

Post  Lesley Niyori on Mon Mar 18, 2019 6:57 pm

Life can be a hassle even in countries that are friendly to us.

I'm from Quebec. I have lived most of my life in Ontario.

And this is Canada. And all is well, and yet, I still have to go back to Quebec, fill out the documentation there, their way, in order to update my birth certificate, which while easy in some ways, is still going to cost me cash, and communicating with a basically French-speaking population.

In the end, sometimes being transgender is often just a massive fucking pain in the ass, regardless eh.

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Interstate identity Empty Re: Interstate identity

Post  Tara on Mon Mar 18, 2019 7:52 pm

MichaelaSJ wrote:If you present a valid state-issued document from State 1, then State 3 must acknowledge the document. Where would State 3 get the State 2 document to challenge the State 1 document?
I think you are probably right. However, if, instead of State 3, I were to move back to State 2, my suspicion is that as soon as I gave them my SSN, they would link it back in their systems to my dead name, and then things get complicated. That would be one of several good reasons not to move back there.

MichaelaSJ wrote:
If you apply for a drivers license and if asked the question have you ever had a license under a different name, you must answer correctly. But I still would wonder why State 3 would want to know why your name in State 2 is different.
I suspect you're right. The different name would simply go into a database, maybe simply a text field, even, and mostly be ignored going forward. And if the DMV person asked me why I had used a masculine name, I could even say that my dad had really, really wanted a boy, and gave me a boy name, which I changed later. That's not even false, as far as it goes, and I know a cis woman whose father did that to her.

MichaelaSJ wrote:
(This seems like an LSAT question!)
LOL Laughing

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Post  Tara on Mon Mar 18, 2019 7:55 pm

Lesley Niyori wrote:Life can be a hassle even in countries that are friendly to us.

I'm from Quebec. I have lived most of my life in Ontario.

And this is Canada. And all is well, and yet, I still have to go back to Quebec, fill out the documentation there, their way, in order to update my birth certificate, which while easy in some ways, is still going to cost me cash, and communicating with a basically French-speaking population.

In the end, sometimes being transgender is often just a massive fucking pain in the ass, regardless eh.
Ou peut être une énorme douleur dans le cul, if one is in Québec. But I'll bet QC is still better about it than Texas, where they also speak an odd language.

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