November 17, 2023

Kansas – Birth Certificates

As of September 2023, the Kansas Department of Health and Environment announced it will no longer allow for transgender individuals to change their gender marker on their Kansas birth certificate.

Under KDHE’s current policy, if you’re transgender and have not yet been able to change the gender marker on your Kansas birth certificate, you will not be able to change it while this policy is in place.

If you already changed the gender marker on your Kansas birth certificate, that birth certificate is still valid. However, if you apply for a new copy of your birth certificate (because you lost it, need another certified copy, etc.), KDHE will revert your gender marker back to the original marker when it issues you the new copy. Additionally, if need to amend your birth certificate again after you already changed the gender marker (to update your name after a name change or marriage, for example), KDHE will revert your gender marker back to the original marker when it makes the newly requested amendment.

This means that if you have already updated your gender marker on your birth certificate, it is very important you do not lose it, amend it, or request an additional copy of it—because if you do, the next certificate you receive will list the old, incorrect gender marker.

You can read KDHE’s birth certificate policy here. 


Kansas – Driver's Licenses

On July 10, 2023, in a lawsuit called Kansas v. Harper, a Kansas District Court judge issued a Temporary Restraining Order (“TRO”) against the Kansas Department of Revenue (“KDOR”)—temporarily barring KDOR from changing gender markers on Kansas driver’s licenses. This TRO is in place until at least January 11, 2024.

Under this TRO, if you’re transgender and have not yet been able to change the gender marker on your Kansas driver’s license, you will not be able to change it while this TRO is in place.

If you already changed the gender marker on your Kansas driver’s license, but that license expires during the span of the TRO (i.e. it expires before 1/11/2024), KDOR will revert your gender marker back to the original marker when you renew your license. Additionally, if you amend your license (e.g. to update your name) or apply for a new license for any reason during the span of the TRO, KDOR may revert your gender marker back to the original marker when issuing the new license.

The ACLU of Kansas has intervened in this lawsuit on behalf of 5 transgender Kansans, arguing for their constitutional rights to equal protection and bodily autonomy. Check out the Kansas v. Harper case page for information and updates about this lawsuit. 

Missouri – Birth Certificates

While Missouri does not technically have a ban on changing gender markers on state birth certificates, it does have strict requirements that in effect exclude a large number of transgender individuals from accessing an affirming gender marker on their Missouri birth certificate.

To change your gender marker on your Missouri birth certificate, state law requires you provide:

“a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual’s name has been changed.” § 193.215 R.S.Mo.

Visit here for information on how to apply for an amended birth certificate in Missouri. 

Missouri – Driver’s Licenses

Missouri allows for gender marker changes on state driver’s licenses, and does not require a court order or proof of gender-affirmation surgery to qualify for such change (but will accept those as proof).

The Missouri Department of Revenue (“MDOR”) provides this Gender Designation Change Request Form that allows you to update your gender marker, so long as you have a medical or social service provider that will attest to your gender identity.
 
Additionally, MDOR will accept: 
•    A U.S. Passport which reflects the gender designation requested by the applicant;
•    An amended U.S. birth certificate which reflects the gender designation requested by the applicant; 
•    A court order declaring the gender designation requested by the applicant (may be part of a court ordered name change); or
•    Medical documentation showing completion of gender affirmation surgery.

Visit here for more information about how to apply for a gender marker change on a Missouri driver’s license. 

Federal – Passport Cards and Booklets

Currently, federal identity documents like U.S. passport booklets and U.S. passport cards allow individuals to select between an “M,” “F,” or “X” gender marker. They no longer require medical documentation to verify the gender marker choice, nor do they require that your supporting documentation have a gender marker that matches the marker you choose.

This means you can select a gender marker for your passport card or booklet and do not have to have a state identity document like a birth certificate or driver’s license that reflects that marker. Nor do you have to have a medical provider that will attest to your gender identity or medical history.

Check out our Federal ID FAQ Sheet for more information about U.S. passport cards and how to access gender-affirming federal identity documents.

Stay informed