For transgender people, carrying outdated identification with an incorrect name or gender marker can be emotionally taxing and put them in danger of discrimination.
In Oregon, a series of legislative changes make it easier to obtain updated legal ID than in many jurisdictions, but barriers still remain. There is no centralized record of a person’s legal identity in the United States, so people must individually change each document, account and record carrying their legal name. Updating everything can take many months and costs several hundred dollars in fees.
For many, the steep cost and lengthy process are enough to deter them entirely from seeking a legal name or gender change, according to experts. Others may avoid trying out of fear of discrimination or a lack of information on how to begin.
The most common route in Oregon, a court-ordered name change, is relatively straightforward, though costly. A court-ordered name change involves submitting a form, copy of legal ID and payment to a county court, online, by mail or at the local circuit court. Within eight weeks, a judge should approve the change and submit it into court records.
If someone is changing their gender marker, they can also ask the judge to seal the record, meaning it would no longer be publically available. Legislation passed in 2014 and 2017 allows trans people to attest to their own transition without providing documentation like a doctor’s note and are able to select X (non-binary) as their gender marker instead of female or male.
The initial application fee is $124, and each official copy of the document showing the name change, which are required for updating records at the DMV and Social Security Administration, or SSA, among others, costs $5.50. The fees and time commitment continue to mount after that.
‘Mobility through the world’
Seth Johnstone, transgender justice program manager at Basic Rights Oregon, sees firsthand the toll ID discrepancy takes on trans people. Johnstone, a queer youth advocate for over a decade, said being constantly misnamed “has a massive impact on how you move around emotionally.” By changing their legal names and gender markers, trans people may be able to avoid the ordeal of being publically misnamed in places like waiting rooms.
In addition to emotional relief, changing one’s legal name and gender marker can protect against violence and harassment, according to Luca Crabtree, gender diverse health program coordinator at local health clinic and support center Outside In. Crabtree helps trans people navigate the layers of bureaucracy that come with changing one’s legal name and gender as part of their job.
“It can be an enormous safety concern if your identity documents aren’t matching up with the way that you’re currently presenting,” Crabtree said.
People are regularly required to produce ID at airports, bars and pharmacies. The same is true when obtaining social services, applying for jobs, applying for housing or being pulled over by police. These routine checks can cause real dangers for trans people.
The U.S. Transgender Survey, most recently published in 2015, found 25% of respondents faced verbal harassment after presenting an ID with a name or gender marker they no longer used. The study, conducted by the National Center for Transgender Equality, found 16% of respondents were denied service after presenting outdated ID.
When trans people change their ID, Johnstone said, their “mobility through the world in general and through the society we have set up is greatly improved.”
Hundreds of dollars in fees, months of waiting
The U.S. Transgender Survey found 68% of respondents had not updated their ID with correct names. Of respondents who had not updated their names, 35% reported they had not done so due to barriers in cost.
In Oregon, making a name change on all official records, including DMV records, SSA records, birth certificate and passport will cost at least $500 in fees alone. From start to finish, the process takes months to complete, despite Oregon being one of the easier states for changing a name.
Barriers in cost are not limited to court fees, which are, at least, $124 in Multnomah County, plus an additional $5.50 for each copy of the court order granting the name change. The court order is a legal document showing the prior name or gender marker, the updated name or gender marker and a judge’s signature approving the change.
Basic Rights Oregon recommends getting several copies and keeping them in different safe places, especially for those who opt to have the record of their name change sealed. Court-issued copies of the name and gender change order will be needed to change information at the SSA and the DMV, and on birth certificates and passports. Court-issued copies of the order are also often required to change information at banks, utilities and by employers.
For adults, deciding whether to seal the record of their name change comes with additional considerations. When sealing records, it’s important to keep in mind the record cannot be reopened without an extensive legal process. However, the person who filed for the name change can access the record in person at the courthouse if they have a photo ID and case number or by mail if they include a notarized statement. For those who do choose to seal, Outside In recommends keeping five or more copies of the name change in different safe locations.
After obtaining a court-ordered name or gender change, Basic Rights Oregon recommends updating official identification documents in a specific order, starting with SSA records, then DMV records, then updating the birth certificate and passport.
Changing SSA records is free, and it ensures taxes, employment records, medical coverage and student loans won’t be affected by a discrepancy in ID, which can otherwise cause major administrative issues. The change can be made by presenting an updated ID or medical record at a social security office, along with a court order, amended birth certificate or tribal document showing the name change.
After one to two weeks, the SSA will update the information in its system and send a free replacement card. Upon receiving notice of the change, applicants should immediately notify their health provider of the change if they access government benefits.
The next step is often going to the DMV to order an updated driver’s license or state ID, vehicle title and registration, which will require an original court-issued copy of the name change order, current ID and proof of address. A license replacement costs $26 for a standard ID or $56 for a Real ID, and an interim license with the new name is issued on the spot. Updating the title and registration for a vehicle costs $106, and could take three to four weeks to arrive in the mail. If just the gender marker is being changed on the license, this can be done without further documentation.
To change a birth certificate issued in Oregon, a person must send the court order, a signed statement, a birth record order form and a $35 fee to the Oregon Vital Records Office in person or by mail. The new birth certificate should arrive in the mail in three to five weeks, or can be issued in person within an hour. Birth certificates from different states require different steps to be changed.
Updating a passport requires the applicant to submit a specific form, as well as a court-issued copy of the name and gender change order. The cost is the same as getting a new passport, which is $130 to $160 depending on if someone wants just the book or the card and book. It could take upwards of three months for the updated passport to arrive in the mail, though an applicant can speed up the process for additional fees.
The cost of changing official ID documents isn’t the only financial hurdle. Transportation and childcare expenses may limit a person’s ability to access a courthouse, particularly if they are trying to access a courthouse in another county to avoid local discrimination.
Filing online requires access to a computer and a credit card, which can present additional barriers to low-income people. For some forms of ID, including passports, a check is required, which presents challenges for low-income individuals as well as for community organizations providing fee relief.
Official spaces can present practical and emotional hurdles for some. Security at government offices may include metal detectors, bag searches and pat-downs, measures which can be intimidating for marginalized groups or unmanageable for people who lack access to storage for their belongings.
Administrative option
As of 2018, an alternative exists for people born in Oregon changing their legal gender. This process costs $35 and involves filling out a form and signing it in front of a notary, which may carry an additional fee. Waitlists for this option can be as long as six months. The advantage of this option is it allows these changes to be made without a public court case, which can present a safety issue. This process automatically amends Oregon birth certificates and can be used to change SSA gender records, but not other forms of federal ID, like passports, which require a court order. Each copy of the new birth certificate costs $30.
Additional steps
Once an individual has changed their name on official ID documents, the work is far from over. They’ll still need to report the change to their bank, lender, credit agencies, doctor, attorney, utility company, state tax authority, employer, insurance agency, professional licensing board and voter registration authority, in addition to any subscription-based services. Banks often require people to fill out forms in person.
For college graduates, changing the name on one’s degree typically takes four to six weeks and requires proof of a legal name change. It may also require forms and an associated fee of $25 to $50.
Although each of these changes can be made by presenting proof of a legal name change, often without added cost, they add another layer of time and energy to the process.
Community resources
Outside In offers gender-diverse people frequent legal clinics and has a team available by phone or in-person to walk through each step of various forms. Outside In can also connect Multnomah County residents with a fee waiver for court fees and arrange an interpreter while providing any of these services, as well as with the name change process. Friendly House in Portland (formerly SAGE Metro) offers similar services for trans elders and TransPonder offers similar services in Eugene.
Basic Rights Oregon provides information by phone and has an online resource guide. The National Center for Transgender Equality has the most comprehensive online resource guides with information about changing passports, birth certificates from different states, immigration documents and veteran records.
For survivors of sexual assault of any gender identity, the Victim Rights Law Center can help cover name change fees and help with sealing records. The Immigrant and Refugee Community Organization can provide guidance about how legal name and gender changes may affect migration documents or legal status in other countries. Beyond These Walls supports queer people transitioning out of incarceration with changing or obtaining a legal ID. New Avenues for Youth provides legal clinics for youth ages 9 to 25 experiencing homelessness.
Street Roots is an award-winning weekly investigative publication covering economic, environmental and social inequity. The newspaper is sold in Portland, Oregon, by people experiencing homelessness and/or extreme poverty as means of earning an income with dignity. Street Roots newspaper operates independently of Street Roots advocacy and is a part of the Street Roots organization. Learn more about Street Roots. Support your community newspaper by making a one-time or recurring gift today.
© 2023 Street Roots. All rights reserved. | To request permission to reuse content, email editor@streetroots.org or call 503-228-5657, ext. 404