April 15, 2001
DISTRIBUTE WIDELY
In response to increasing rates of "Identity Theft," on October 14, 2000 the California Department of Motor Vehicles implemented a verification program for all California Drivers requesting a name change. The applicant's full name and sex was being compared to Social Security records. If the records did not match, DMV would not issue a Permanent License.
Newly applying California transsexuals have traditionally changed their Social Security records using their new California Drivers license as proof of their new identity.
With this change in DMV procedures, we were placed in a position where we seemingly could not get our Permanent Drivers License because our Social Security records had not been changed. At the same time, we could not get our Social Security records changed because we did not have a Permanent California Drivers License in our new name and sex. We were in a classic "Catch-22" conundrum.
Recently, the Department of Motor Vehicles has ceased comparing middle names and the sex markers. We understand that this has alleviated some of the problems they have encountered with the trans and general populations.
Following months of discussion with DMV officials, we have been unable to achieve an acceptable objective procedure to ensure issuance of a Permanent Drivers license for newly transitioning transsexuals. However, a "Road Map" has been developed. While it accurately reflects recommendations made, DMV officials have not responded to our efforts to have them verify this presentation.
This plan is based upon many discussions with DMV officials as they discussed their mandate and their discussions with the Social Security Administration. We believe that further major modifications are unlikely until this approach has been implemented.
Very likely, individual representatives within DMV and SSA will occasionally present inappropriate obstructions. This plan provides a means for overcoming those obstructions.
DEPARTMENT OF MOTOR VEHICLES
FIRST: Secure a copy of DMV Form DL 328, Change of Name and Gender. This is a one-page form that will require both your input as well as input by a licensed California Physician. Generally, this will be your psychiatrist, endocrinologist, or general practitioner.
SECOND: Return to DMV with the form. Upon payment of the $12 fee, a Temporary License will be issued in your new name and gender. A DMV Supervisor will sign the form.
We recommend you ask for a copy for your records.
Even though you have a Temporary License at this point, your Permanent License will not be issued until your name on the DMV and Social Security records match and are verified by computer run. The sex flag is no longer compared.
SOCIAL SECURITY ADMINISTRATION
THIRD: As soon as reasonably possible, go to a Social Security office to change your name and optionally, your sex on its records.
You will need your old Social Security card, proof of your old identity, your temporary drivers license, and proof of your new identity. If you question the sufficiency of the proof of your new identity, bring anything you might have, such as invoices from a health care provider, letters and envelopes addressed to you, or even receipts.
Social Security has informed DMV that it realizes proof of new identity can be difficult for newly transitioning transsexuals. Ideally, a school identification card in the new name, a payroll stub, or other similar documents will be adequate. However, Social Security has assured DMV that they will be most liberal in the documentation they will accept. Therefore, look for anything you might have. Examples include a doctor's invoice, letter or even mail addressed to you (bring the envelope), or identification cards from your school or insurance company.
THE PLAN
If the Social Security changes are made quickly enough, the automatic comparison between DMV and Social Security should generate a "match." The Permanent License will then be issued in a few weeks.
POSSIBLE PROBLEMS & RECOMMENDATIONS
A: Assuming that the Social Security change has been made, call the Toll-Free 800 number shown on the letter to the DMV Problem Resolution Unit. Request that they run the match again. This should result in the Permanent license being issued.
A: Visit a DMV office to renew the Temporary License.
A: Call the Social Security Toll-Free 800 number that is also printed on the DMV letter.
Customer Representative.
A: Call Sally Walker at DMV (916) 657-4484 for case-by-case resolution and intervention with local offices who may be confused or uncooperative.
COMMENTS;
The Department of Motor Vehicles is very much aware of the difficulties that the Identification program inadvertently brought upon the transsexual community. I will attest to their good faith efforts to resolve and mitigate the difficulties within the confines of their other mandates. We hope this plan will work smoothly and without difficulty.
In addition to the above, we also suggest that all newly transitioning individuals complete a Name Change Declaration.
An exemplar Declaration can be found at:
http://groups.yahoo.com/group/DMV_Issues/files/
The Name Change Declaration can be useful at various times for changing credit card information, school identification, and in other similar instances. It will also frequently serve as sufficient documentation for Social Security purposes.
We also suggest that you secure letters from your therapist and your physician or endocrinologist attesting to your GID diagnosis, participation in a program to change your secondary sexual characteristics by hormones and ultimately by reassignment surgery within the Standards of Care. Some have had success changing their sex on Social Security records with these letters.
If you are having difficulty providing identification in your new name, request that these documents be mailed to you.
We want to monitor the results of the DMV Plan and request that new applicants report their experience, both good and bad to our Yahoo Group at:
http://groups.yahoo.com/group/DMV_Issues
In some instances, we may be able to assist in overcoming obstacles.
Roslyn L. Manley
National Transgender Advocacy Coalition
Webmeister Note 1:
Your help is needed to track and ensure that this system is working. If you have applied for a license in 2001, I beseech you to e-mail dmv_issues@yahoogroups.com and record your experiences, both good and bad. YOUR HELP IS NEEDED AND APPRECIATED.
Webmeister Note 1:
If you are in the East Bay, (Northern California) someone has suggested going to the Oakland DMV on Claremont and asking for Maasa Bellata. She is the supervisor and is now familiar with the correct policy as a result of some foo that happened when an FTM previously applied and was advised that he needed a Court Order.
Please be advised that a Court Order is NOT required to change your Drivers License as set forth in the following letter. Please see the information provided by Ms. Manley which is set forth above.
***
Dear Assemblymember:
I am an attorney licensed to practice in this State and am writing on behalf of [name omitted for privacy purposes] who has been kind enough to forward your e-mail correspondence to me.
I respectfully disagree with your position that California Code of Civil Procedure Section 1275, et seq., mandates that a legal name change must be made solely through the superior court and here is why:
Statutes are to be construed as a whole to ensure that sense is made of the entire statutory scheme [People v. McCart (1982) 32 Cal. 3d 388 at pp 342-343]. California Code of Civil Procedure Sec. 1279.5 states that except as provided in subsections (b) through (e) "nothing in this title shall abrogate the common law right of any person to change his or her name". The term "title" refers to Title 8 Change of Names, which is Sec. 1275, et seq. Therefore, said statutes do not create a requirement that name changes be soley effectuated through the Courts. Rather these statutes, when viewed as a whole, preserve the common law right in the State of California to effectuate a change of name through common usage.
The term "true name" in Vehicle Code Section also fails to abrogate the common useage right. A person who has changed their name through common usage is in fact applying in their "true name". Therefore, the DMV is depriving citizens of the State of California their common law rights.
This is particularly problematic for transgendered applicants. Court ordered name change proceedings are expensive. Costs alone exceed $300.00 [filing fee $194.00, publication fees $90 - $125, certified copies approximately $20]. Most individuals feel the need to hire attorneys for fear that their applications will be rejected. Needless to say, hiring an attorney is an expensive proposition. Finding one who is tolerant and non-judgmental can be a chore. Individuals seeking gender reassignment are unable to change their gender until such time as surgery has been performed. Therefore, the client/petitioner would be required to file two petitions - one now for the name change, and one later for the gender change. The costs alone (not including attorneys) for these two proceedings could exceed $600.00.
Further complicating the matter is the fact that health care professionals may require individuals to live for one year in the gender opposite to that which was assigned at birth before providing the requisite permission to have surgery. In order to live as the "other" gender one necessarily requires employment for the necessities of life. In order to gain employment the gender expression/appearance must in essence match the name. Medical and surgical treatment is not covered by insurance. The only way to pay is to be employed. Transgendered individuals are not protected by the California anti-discrimination statutes, thereby allowing employers to fire at whim or simply not to hire such applicants.
As you can see, the construction which you propose is not only unsupported by the cited statutes, but creates an incredible hardship as well as a Catch-22.
I sincerely hope that the information provided within this e-mail allows you to revisit the matter and assist those individuals who are being unjustly punished by a misapplication of the statutes. I welcome the opportunity to speak with you or one of your aides further, should you so desire. I may be reached at my office at [phone number omitted]. Any assistance which you are kind enough to provide would be greatly appreciated.
Respectfully submitted,
Michael M. Hernandez
Attorney at Law