The American Civil Liberties Union and ALCU of Alabama have filed a lawsuit against the state for its policy of restricting access to driver’s licenses for transgender people that accurately reflect their gender identity.
The lawsuit, Corbitt v. Taylor, was filed on behalf of three transgender clients who were denied the chance to update their gender on their licenses. Under Alabama’s current policy, transgender individuals must provide proof of surgery, regardless of whether it was deemed medically necessary, whether it was wanted, or whether it cost too much to obtain. It is currently one of only 9 states that explicitly require surgery before a gender marker change will be granted.
Additionally, state officials only accept some forms of gender confirmation surgery as “proof” of a transition, which means that some transgender individuals can still be denied a gender marker change even if they’ve undergone surgery. Unsurprisingly, that means a majority of transgender Alabamans do not have an accurate form of identification that correctly reflects their gender identity.
The three plaintiffs — Darcy Corbitt, Destiny Clark, and John Doe — have all been negatively affected by the policy in some way. Both Corbitt and Clark have had state officials seek out detailed and invasive information about their medical and surgical histories, even calling their doctors without the women’s consent in order to obtain intimate details about their medical history. And even then, the state refused to issue updated licenses to the women.
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