Transcript Class 1 - Introduction to Business Organizations I

WELCOME TO
LEGAL ISSUES AND DOCUMENTATION 101
FOR
TRANS INDIVIDUALS & FAMILIES
PHILADELPHIA TRANS-HEALTH CONFERENCE 2012
P ROFESSOR S HAWN M ARKUS C RINCOLI
WORKSHOP OVERVIEW
• The myth of legal sex or gender
• Statutes or administrative policies
• People who “make law” via decisions
• “What’s in your wallet?” exercise
• An overview of ID and documentation
• Overview of key pieces of ID/documentation
• Focus on ID documents/card; “lifecycle” events
• Step-by-step “how to” for transition
2
• Spoiler Alert: No perfect universal plan – balance
of time, cost, geography, status, personal feelings
WORKSHOP DETAILS (CONTINUED)
• What you can do for yourself
• And how the internet can help you
• What attorneys can do for you
• How to find trans-friendly representation or assistance
• Specific groups (in brief)
• Includes: youth, immigrants, veterans, indigent,
prisoners
• Glass Half Empty/Half Full
• Cautionary Tales & Ongoing Challenges
• Breakthroughs & Signs for Optimism
• Resources
3
• Bibliography & links
• Organizations that can help you
WHAT IS MY LEGAL SEX OR GENDER?
• Answer: Trick question!
• In the United States (& in some other countries), NO
ONE has an “official sex” or “official gender”
• “The Law” ≠ One and only One Gender Stamp
4
• Each jurisdiction or agency makes its own law
• Reality of law = What people do, not just what books
or statutes say
WHO GETS TO DECIDE?
Expert Punting
Lawyers & Law-Makers expect Medical Providers to
answer complicated questions of sex and gender with
easy, binary answers
Medical Providers expect Lawyers & Law-Makers to
have coherent, consistent methods for sex or gender
stamping
Gate-keeping & Evaluating
5
Can range from significant to non-existent; not always
easy to predict in advance (many protections are
advised based on the unknown future person)
WHAT’S IN YOUR WALLET?
Take a few minutes to look through the contents of your
wallet, purse, pockets, backpack, etc.
What types of identification documents or cards did
you find?
How many items of identification are you currently
carrying that have any of the following?
• Your name
• Your “legal” or “official” name
• A number unique to you
• A sex or gender marker
• A photo of you (note how recent the photo is)
6
• The power to access your finances, credit or debit
THE WHEN OF THE WHAT
How often have you used any of these items in:
• The past day?
• The past week?
• The past month?
Did you have the option of *not* using the item or
relying on it?
What settings and contexts trigger the need for
identification documents?
Things you can “control” vs. Things you can’t
7
What important documents, papers, and cards do you
have that you *don’t* carry with you on a daily basis?
THE ORIGIN GOVERNMENT DOCUMENT
8
Birth Certificates (and international equivalents)
OTHER GOVERNMENT ID/DOCUMENTS
Driver License (or non-driver photo ID)
Passport
9
Social Security
THE WHY BEHIND THE ID
ID/Documents can prove *2* different things:
IDENTITY – This means that you are who you say you
are. Usually will include photos or other records
tracing you back to yourself in prior ID/documents
CITIZENSHIP – This means that you are legally allowed
to reside in the country/jurisdiction with all the rights
and benefits that come with legal residency
* Make sure all ID “traces back” or links back
10
It can be important to have *both* types of
ID/documents & it’s often impossible to get “new”
government ID without each of these
CHANGING ID WHILE TRANSITIONING
Multiple ways in which ID might change:
• New name
• In US, changing name ≠ changing sex
• Involves court petition & approval (some: hearing)
• Time consuming & costly, but doesn’t require health
provider’s signature
• Changing sex or gender marker
• “Court approved” process vs. administrative
• Different standards & many recent changes
• New photo
• Important for financial/banking/credit/debits
11
• Need to pay for new ID. An overlooked option.
• New signature (usually due to new name)
OVERVIEW OF NAME CHANGES
Recommended as the “first step” in changing ID or
documents
• Strong legal right to change your name (in theory)
• In practice, based on people involved
• If you have difficulties, trans and/or LGBT legal
organizations can often help or step in
• If you are planning to change sex/gender markers (and
can), more costly to change everything twice
Ok if you have debt. Just make sure you are honest and
inform everyone with an interest. OK to have been arrested
and usually Ok with past misdemeanors. Don’t hide info.
12
“Official” Legal Issue: Do you have a fraudulent purpose,
creditors or criminal record you are trying to avoid?
PETITIONING FOR A NAME CHANGE
• What petition/order to use to get your name changed?
Samples exist online
e.g., http://srlp.org/resources/namechange
Some counties or states have a standard computer
generated form they want you to use & may pressure
you to do so. Note: These forms may be gendered.
Even if you aren’t changing sex/gender marker, your
court ordered name change will be the official legal
name change you will need to show, so you may wish to
avoid mis-gendering pronouns about yourself.
Personal choice/Strategy
13
• What reason to give for the name change?
LOGISTICS OF THE NAME CHANGE
• Fingerprinting – Sometimes required
• Hearings – Some will need to go before a judge in open
court. Judges are…<drumroll>…people.
• Notice requirement – Unless waived, you will have to
publish notice of the name change in a local paper
• Easier in some places for safety-based waiver
• Sealed record – Not usually common
• Juveniles – Typically need parent consent; sometimes also
“best interests of child”
• Note: Can receive a fee waiver based on petition, showing
of no/low income
• Don’t need attorney. Follow directions EXACTLY.
14
• Cost – Can be anywhere from $80 to $500 (likely ballpark
$100 to 300 + fees for publication & copies)
DRIVER LICENSE SEX/GENDER MARKER
Driver License (or Non-Driver Photo ID)
• More states allow easier method of changing sex
marker
• Does require health care provider (can be social
worker, licensed counselor, etc.)
• Typically requires them to state /sign that the marker
you want on the ID is the gender that predominates
Even if you don’t drive, can get a non-driver photo ID
Proves IDENTITY (not citizenship)
Most commonly shown & accepted photo ID in US, so
worthwhile to have recent photo EVEN if name or sex
marker is not changed or updated
15
Usually more affordable (under $50) & good for 5 years
TIDBITS ABOUT DRIVER LICENSES
If moving is an option, you can obtain a new driver
license once you have established residency in the new
state (typically 60 days).
Good strategy: Moving to a location that allows you to
amend your ID more easily
However, if you change your license & then move
somewhere that is more difficult, you may not be able to
trade your old (good) ID for a new (good) one
Additional DMV Hurdle: Screener may make sure you
have correct ID and forms filled out/to fill out before
even letting you take a # to see a clerk
16
-> Goes back to Origin Documents, Identity &
Citizenship (potential for passport)
PASSPORT SEX/GENDER MARKER
United States Passport Card or Book
• Standards were updated in 2010
• Requires licensed physician (with DEA #)
• Does not require any type of surgery
• Need “appropriate clinical treatment”
• 2 year version & 10 year version (transition “in process” or
“complete”)
PROVES IDENTITY AND CITIZENSHIP
Information easy to find & understand online:
http://mazzonicenter.org/sites/default/files/ma_resources/Na
me_Change_Kit%202011%20(Updated%209%2020%2011).pdf
17
http://travel.state.gov/passport/get/first/first_5100.html
TIDBITS ABOUT PASSPORTS
• Can be used to verify citizenship in lieu of a birth
certificate; good “work around” for bad state policies
• First time applicants must go in person, but can apply
in a different location than where you live
• Will require current photo ID that looks like you
• Some can change by mail instead of in person (based
on having prior valid passport), but may still require
you to show up in person (local agency – often post
office) & sign to verify identity
• Cost – Around $130-180. Extra fees to Expedite.
18
• Processing Time – 4 to 6 weeks (now)
SOCIAL SECURITY SEX/GENDER MARKER
Social Security
• Requires licensed physician
• Does require “sex reassignment” surgery
• Does not specify *which* surgery
• Card itself does not list sex or gender
* 2011 Policy change – no longer issuing ‘no match’
letters based on mismatched gender
* Critical for Obtaining Legal Employment or SSA
Benefits
19
Proves citizenship or lawful residence (for purpose of
work and/or benefits)
SOCIAL SECURITY SEX/GENDER MARKER
Variation in scrutiny of supporting documents when
done in person
Can be done by mail (but must use ORIGINAL
documents and certified copies & plan to get them back)
Without no-match letters & no marker on card itself, less
important to update sex/gender as opposed to name
IRS will use SSN but not in business of marking gender
Due to identity theft, # should not be used if possible
Cost – New card is free. Low fees for replacements.
20
Additional SSA hurdle: Screener/security may ask why
you are there
BIRTH CERTIFICATE SEX/GENDER MARKER
Birth Certificate or Equivalent Record of Birth
• Mixed standards: Some states and countries do not
allow for ANY change. Fewer make it easy.
• Many require proof of surgery OR a “court-approved
sex change” (which also often means surgery)
• Can be more complicated if born in a state requiring
court process but living in a state with no such
system
Proves CITIZENSHIP (but not identity)
21
• PA follows US PASSPORT standards; NY & DC
require surgery (NYS & NYC differ)
TIDBITS ABOUT BIRTH CERTIFICATES
Typically changes processed by mail
Cost – Approximately $50 (extra copies cheaper)
Cannot change where you were born (sorry)
Often worthwhile to amend *name* even if can’t change
sex/gender marker
Good news (sort of): Laws are slowly changing; many
administrative policies are old & need revision anyway;
US Federal policies are becoming more progressive
Additional Birth Certificate Hurdle: Some states amend
the certificate on its face, which reveals the changes to
anyone who views it
22
Bad news: BCs used most often in vulnerable situations
– youth, shelters, prisons, etc.
TIPS FOR SUCCESS WITH GOVERNMENT
Read the instructions aloud & have someone else
double-check that you have what you need.
Print out the policies & have your forms filled out in
advance; organize your material
Plan on it taking extra time
Bring someone supportive with you, if possible
Prepare for having to show ID incongruent with your
gender to multiple people
Expect multiple trips for the same reason; if you make it
in one try, celebrate!
23
Note: If you can choose a different DMV or SSA office
in your area that will be more trans-friendly or where
you feel ‘farther from home,’ that can be helpful)
ATTITUDE – BUSINESS CASUAL
Do not assume that people will discriminate or be anti-trans.
Be ready for the “eye scan” that *should* check to make
sure that you are really you.
Have your forms & documentation organized neatly (papers
should look “professional”)
Have policies with you, but do not give people more than
they ask for/require
Adopt a signature line or mantra that you are comfortable
repeating to many people:
Example: “I am here to <change the name/gender on my…>. I
have brought all the necessary forms and documents.”
24
If you bring someone with you to assist, be sure to identify
who they are & why they are there or have them do so.
REALLY RANDOM CHALLENGES
• Bring change for transit or parking
• Have two pens that work and write in non-smudging
blue or black ink
• Pay careful attention to what methods of payment are
accepted – some places want cash or check, others
*won’t* take cash & use credit/debit cards
• There is always rain in the forecast when dealing with
government bureaucracy. Bring an umbrella.
• Maintaining the focus to know that you will have the
ID/documentation you want if you can endure
25
• Agencies & Courts often use metal detectors & x-ray
your bag. Plan accordingly to streamline this process.
LIST OF PLACES TO CHANGE INFO
26
Current employer
Prior employers – if you wish, important for reference check
Voting registration – can be done with other government IDs
Veterans Administration
Property Owned – mortgage, deed, vehicle registration
Insurance policies– e.g., auto insurance, health insurance
Families: Others (spouses, parents, etc.) may need to change
how you are listed as a beneficiary
Current Service Providers – e.g., utility companies
Banking & Financial – Banks, Credit Unions, Debit/Credit Card
companies, Pensions or Retirement accounts, Credit Rating
Agencies
Education – diplomas/GED, transcripts, school records (youth)
Professional memberships or licenses; Library & Civic
Associations, Gyms/Y, etc.
HOW TO – ALL THOSE “OTHER” PLACES
Can send brief letter or fax. Sometimes email or phone
call can even take care of it or start process.
“I have legally changed my name from <x> to <y>.
Please update your records to reflect my new name of
<y>. Please see attached copies of current, valid ID
supporting this.”
Can use explicit or implicit version of gender change for
binary changes
Style 2: Within name change, use the correct new
gender title about yourself (Mr., Ms., etc.)
27
Style 1: “I have also transitioned from <gender> to
<other gender>. Please update your records to list
my gender as _____ & refer with ______ titles and
pronouns, such as “Mr./Ms. or he/him/she/her”
WHAT DO THEY NEED? DEPENDS
Copy of court ordered name change
Tip: Keep one certified copy unstapled for purposes of
photocopies or faxing
Copy of Driver License or State Photo ID
Some may need new signature/signature card
May need to visit banks in person (or have quicker
results, especially if accompanied with another
related person)
28
Can visit larger financial institutions in more
progressive locations
WHAT ABOUT SPOUSES & PARTNERS?
• Marriage or Domestic Partnership
• Pre-Transition relationships & benefits
• Post-Transition relationships & benefits
• Role Pre & Post Nuptial Acknowledgments of
Transgender Status
• Health Care Proxy and/or Power of Attorney
• Durable Power of Attorney
• Wills and/or Trusts – ensuring beneficiary status even
if marital relationship is invalidated later on
• Some require more specific legal assistance or
representation
29
• Some documents can be prepared with state
appropriate forms, witnesses, notary
WHAT ABOUT PARENTING?
• Seek Legal Help!
• LGBT issues of custody, particularly as related to
non-custodial parents are complicated, jurisdictionspecific, and require the attention of an expert
• Trans-parenting often requires creating legal rights
via second-parent adoption, yet also requires
additional protection linking rights to the child, even if
someone were to “invalidate” a marriage/relationship
• Minor errors in documents can lead to major
consequences if the relationship between the parents
breaks down
30
• Seek Legal Help!
DISCLAIMERS & CAVEATS
“Always in motion is the future”
Changes in technology, searching & record keeping
Information can become out-of-date quickly
Using identification documents is not the only way that
someone may determine your “legal sex” & not all
situations require them to
e.g., Sex-Segregated Facilities - Prisons & Shelters
Just because you’ve changed all government documents
does not “protect” you from all future challenges
Courts have held birth certificates or other government
documents *not* to be controlling in certain contexts
31
Anytime children or youth are involved, expect extra scrutiny
RESOURCES AND LINKS
*Transgender Family Law: A Guide to Effective
Advocacy, Edited by Jennifer L. Levi & Elizabeth E.
Monnin-Browder
Target audience: Attorneys representing trans clients
Helpful for anyone with “college-level” reading ability;
May also want to bring it/give it to attorney or
professional
Local: The Mazzoni Center Guide for Changing Your
Name and Identity Documents in Pennsylvania
32
http://mazzonicenter.org/sites/default/files/ma_resource
s/Name_Change_Kit%202011%20(Updated%209%202
0%2011).pdf
RESOURCES AND LINKS
Good internet communities for sharing anecdotal info:
http://www.susans.org/forums/index.php
http://www.lauras-playground.com/forums/index.php?
Helpful to find someone who has experience in your
location (the law of what people are doing as opposed
to what the law or policy is)
Caveats:
• Everyone’s experience is different
33
• Internet communities often share incorrect
information or out-of-date information
National Center for Lesbian Rights (NCLR) www.nclrights.org
Lambda Legal www.lambdalegal.org
Gay & Lesbian Advocates & Defenders (GLAD) Transgender
Rights Project www.glad.org
American Civil Liberties Union (ACLU) LGBT Rights Project
www.aclu.org/lgbt-rights/transgender
National Center for Transgender Equality (NCTE)
www.transequality.org
Transgender Law Center (TLC)
www.transgenderlawcenter.org./cms
Sylvia Rivera Law Project (SLRP) www.srlp.org
The Transgender Law and Policy Institute (TLPI)
www.transgenderlaw.org
Transgender Legal Defense and Education Fund (TLDEF)
www.transgederlegal.org
34
ORGANIZATIONS PROVIDING LEGAL HELP
ADDITIONAL LEGAL HELP
For specific populations:
Immigration Equality www.immigrationequality.org
35
Servicemembers Legal Defense Network (SLDN)
www.sldn.org