*Note: These percentages reflect estimates of the transgender population (ages 18+) living in the 50 states and the District of Columbia. Estimates of transgender people in the U.S. territories are not available, and so cannot be reflected here. Population estimates are from The Williams Institute.
51 % of transgender people (ages 18+) live in states that allow residents to mark M, F, or X on their driver's license
50 % of transgender people (ages 18+) live in states with an easy to understand form and no provider certification required
10 % of transgender people (ages 18+) live in states with an easy to understand form and provider certification requirements (accepted from wide range of professionals)
3 % of transgender people (ages 18+) live in states with an easy to understand form and provider certification requirements (accepted from limited range of professionals)
6 % of transgender people (ages 18+) live in states with no form; no court order or proof of surgery required, but burdensome process and/or provider certification requirements
1 % of transgender people (ages 18+) live in states with an unclear, unknown, or unwritten policy regarding the process of gender marker changes
13 % of transgender people (ages 18+) live in states that require proof of surgery, court order, and/or amended birth certificate to change gender marker
17 % of transgender people (ages 18+) live in states that do not allow for updating the gender marker on the driver’s license
*Note: These percentages reflect estimates of the transgender population (ages 18+) living in the 50 states and the District of Columbia. Estimates of transgender people in the U.S. territories are not available, and so cannot be reflected here. Population estimates are from The Williams Institute.
40 % of transgender people (ages 18+) live in states that allow residents to mark M, F, or X on their birth certificates
36 % of transgender people (ages 18+) live in states that update birth certificates using an administrative process and do not require provider provider documentation
21 % of transgender people (ages 18+) live in states that update birth certificates using an administrative process and require provider documentation of "appropriate treatment"
9 % of transgender people (ages 18+) live in states that have unclear processes and/or unclear medical requirements left to the discretion of individual judges
5 % of transgender people (ages 18+) live in states that update birth certificates using an administrative process but require proof of surgery
10 % of transgender people (ages 18+) live in states that update birth certificates but require both a court order and proof of surgery
19 % of transgender people (ages 18+) live in states that do not allow for amending the gender marker on the birth certificate
*Note: These percentages reflect estimates of the transgender population (ages 18+) living in the 50 states and the District of Columbia. Estimates of transgender people in the U.S. territories are not available, and so cannot be reflected here. Population estimates are from The Williams Institute.
63 % of transgender people (ages 18+) live in states that do not require publication of name change announcement
24 % of transgender people (ages 18+) live in states with unclear requirements, individual court discretion, or broad waiver options for public announcement of a name change
13 % of transgender people (ages 18+) live in states that require publication of name change announcement
64 % of transgender people (ages 18+) live in states with additional restrictions and/or requirements for individuals with a criminal record
State | Driver's License | Birth Certificate | Name Change |
Citations | Citations | Citations | |
Alabama | State does not have this law | State has this law | |
Alaska | State has this law | ||
American Samoa | State does not have this law | ||
Arizona | |||
Arkansas | State does not have this law | State has this law | |
California | State has this law | State has this law | |
Colorado | State has this law | State has this law | |
Connecticut | State has this law | State has this law | |
Delaware | State has this law | State has this law | |
District of Columbia | State has this law | State has this law | |
Florida | State does not have this law | State has this law | |
Georgia | State does not have this law | State does not have this law | |
Guam | State does not have this law | State does not have this law | |
Hawaii | State has this law | ||
Idaho | State does not have this law | ||
Illinois | State has this law | ||
Indiana | State does not have this law | ||
Iowa | State does not have this law | ||
Kansas | State does not have this law | ||
Kentucky | State does not have this law | State has this law | |
Louisiana | State does not have this law | State has this law | |
Maine | State has this law | State has this law | |
Maryland | State has this law | State has this law | |
Massachusetts | State has this law | ||
Michigan | State has this law | State has this law | |
Minnesota | State has this law | State has this law | |
Mississippi | State has this law | ||
Missouri | State does not have this law | State does not have this law | |
Montana | State does not have this law | State does not have this law | |
Nebraska | State does not have this law | ||
Nevada | State has this law | State has this law | |
New Hampshire | State has this law | ||
New Jersey | State has this law | State has this law | |
New Mexico | State has this law | State has this law | |
New York | State has this law | State has this law | |
North Carolina | State has this law | State does not have this law | |
North Dakota | State has this law | ||
Northern Mariana Islands | State does not have this law | State does not have this law | |
Ohio | State has this law | ||
Oklahoma | State does not have this law | State does not have this law | |
Oregon | State has this law | State has this law | |
Pennsylvania | State has this law | ||
Puerto Rico | State has this law | State has this law | |
Rhode Island | State has this law | State has this law | |
South Carolina | State does not have this law | State has this law | |
South Dakota | State does not have this law | ||
Tennessee | State does not have this law | State has this law | |
Texas | State does not have this law | State has this law | |
U.S. Virgin Islands | State does not have this law | ||
Utah | |||
Vermont | State has this law | State has this law | |
Virginia | State has this law | State has this law | |
Washington | State has this law | State has this law | |
West Virginia | State does not have this law | ||
Wisconsin | |||
Wyoming | State has this law | State does not have this law |
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Founded in 2006, the Movement Advancement Project (MAP) is an independent, nonprofit think tank that provides rigorous research, insight and communications that help speed equality and opportunity for all.
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The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.
“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.
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