Washington DC- Last night the US Department of State announced new guidelines for issuing passports to transgender people. Beginning today, applicants for a gender marker change on their passports will need to submit certification from a physician that they have received "appropriate clinical treatment" for gender transition. Most importantly, gender reassignment surgery is not required under the new policy.
The new rules will also apply to changing a Consular Report of Birth Abroad (CRBA) for US citizens who were born outside of the United States. CRBA’s are the equivalent of a birth certificate.
For years, NCTE has been advocating with the State Department to change their rules about gender markers on passports and CRBA’s. Previously they had required proof of irreversible sex reassignment surgery before the gender marker could be changed, although there were exceptions for temporary, provisional passports to allow someone to travel for surgery.
NCTE and other advocates have stressed with the State Department that this policy unnecessarily called attention to transgender travelers whose appearance and gender marker were at odds. In some destinations, this had the potential to create an extremely dangerous situation when a traveler is outed as transgender in an unwelcoming environment or in the presence of prejudiced security personnel.
Fortunately, the new rules represent a significant advance in providing safe, humane and dignified treatment of transgender people. There are details in the guidelines about what information a physician must provide and we will communicate those to you as soon as possible. However, the State Department notes that applicants will not need to supply any additional medical documentation and that there is no SRS requirement.
“We want to extend our thanks to the Obama Administration, and particularly to Secretary of State Hilary Clinton, for understanding the need for this change and then responding to make travel safer for transgender people,” commented Mara Keisling, Executive Director of NCTE. “This shows how changes in government policy directly impact people’s lives, in this case, for the better.”
In the next few days, NCTE will be issuing a definitive resource that fully explains the new guidelines and outlines the ways in which transgender people can make changes to their passports and CRBAs.
Many people—from elected officials to LGBT advocates—have worked for years to change these policies and deserve credit and thanks. Particularly important work was done by Rep. Barney Frank as well as Rep. Steve Israel in the House of Representatives; Gays and Lesbians in Foreign Affairs Agencies (GLIFAA), which represents LGBT employees and their families working in foreign affairs offices for the US government; all of our allied LGBT organizations who have been committed to this work, including the Council for Global Equality, The Task Force, the National Center for Lesbian Rights, Lambda Legal, the Transgender Law Center and the Human Rights Campaign; and those working on medical policies, including the American Medical Association and the World Professional Association for Transgender Health (WPATH).
The full policy can be read on the State Department website.