Transgender Texans have already been stripped of the ability to change their gender markers on their IDs. Now, state officials are pushing for previously obtained ID changes to be reversed.
In August, the Texas Department of Public Safety (DPS) barred residents from changing their gender markers even if they had legally changed their birth certificate. A few weeks later, the Department of State Health Services blocked the ability for trans folks to update the gender marker on their birth certificate.
According to a recent letter sent to State Attorney General Ken Paxton, DPS Director Steven McCraw has officially requested to “correct” changed gender markers on IDs, despite court orders that explicitly allowed the change.
McCraw, who plans to retire at the end of the year, asked Paxton to clarify “[w]hat constitutes satisfactory proof of an inaccurate or incomplete “sex” designation on government documents” and whether government agencies like DPS have the ability to change those designations.
In the 4-page letter, McCraw claims the practice of allowing transgender people to change their gender markers “seems to be part of a years-long and state-wide effort to alter government records to reflect gender identity.”
He goes on to claim that DPS could have approved ID changes based on court orders that “lacked any basis in law or authority” or “were not relevant proof.” Because of these alleged “mistaken” court orders, McCraw believes DPS should have the authority to reverse gender marker changes as the agency sees fit.
Paxton has not responded to McCraw’s request of authority, but has been very vocal about his opposition towards gender-affirming care. In recent years, he has investigated hospitals and providers of gender affirming care, even going as far as requesting the medical data of Texas youth who received out-of-state care. He issued a “nonbinding legal opinion” comparing gender-affirming care for minors to child abuse, which caused an investigation into the parents of transgender children in 2022.
