COLUMBUS, Ohio (WOWO) — The Ohio Bureau of Motor Vehicles has changed the documentation required for people seeking to update the gender marker on an Ohio driver’s license or state identification card.
Under the new policy, the BMV will accept an updated birth certificate or passport as documentation for a gender-marker change. The agency is no longer accepting the professionally certified declaration of gender change form that had previously been used.
The change is drawing criticism from transgender-rights advocates, who say the new requirements could make it more difficult for some Ohio residents to have identification documents that accurately reflect their gender.
Dara Adkison of TransOhio told NBC4 that mismatched identification can create safety and practical problems for people whose gender marker does not correspond with how they present.
“Not having your IDs matched properly is intentional harm,” Adkison said.
Adkison argued that Ohio residents should be able to have the gender marker on their identification documents reflect who they are.
The concern, they said, extends beyond the inconvenience of having an incorrect designation on a driver’s license or state ID.
“It’s a safety issue,” Adkison said, describing a traffic stop as one situation in which a mismatch between a person’s identification and presentation could draw additional scrutiny.
Adkison also said mismatched identification can complicate access to health care and insurance when records and identification documents do not correspond.
The change also creates questions for Ohio residents who need to modify their birth certificates before they can meet the BMV’s new requirements.
Dwayne Steward of Equality Ohio told NBC4 that obtaining an amended birth certificate can be complicated because Ohio handles birth certificates on a county-by-county basis.
“One thing we do know is this is going to make it harder for people to do this,” Steward said. “It’s going to create another barrier for people.”
Steward said Equality Ohio’s goal is to support policies that make it easier for Ohio residents to access equal treatment and services.
The BMV says the policy change was made because the form previously accepted by the agency did not comply with Ohio law.
An Ohio BMV spokesperson told NBC4 that the professionally certified declaration of gender change form was no longer compatible with the Ohio Revised Code.
The agency did not indicate that the new policy represents a change in Ohio’s underlying legal definition of gender. Instead, the immediate change concerns what documentation the BMV will accept when someone seeks to change the gender marker appearing on an Ohio driver’s license or identification card.
The distinction is important for Ohio residents who previously could use the certified declaration form without first obtaining an updated birth certificate or passport.
Under the revised process, an applicant seeking a gender-marker change must provide one of the documents now accepted by the BMV.
That means residents who do not already have a birth certificate reflecting the requested gender marker may face an additional step before they can update their Ohio identification.
For transgender Ohioans and their advocates, that documentation requirement is at the center of the controversy.
Adkison and Steward say the change could disproportionately affect people who face difficulties obtaining amended vital records or who do not have access to a passport with the appropriate information.
The BMV’s explanation is that the previous declaration form was incompatible with state law, rather than that the agency is eliminating the ability to request a gender-marker change altogether.
The new policy comes as states across the country continue to take different approaches to gender markers on government identification and vital records.
For Ohio residents considering a change, advocates recommend confirming the BMV’s current documentation requirements before making an appointment and determining whether their birth certificate or passport meets the agency’s requirements.
The Ohio BMV is responsible for issuing driver’s licenses and identification cards throughout the state, meaning the policy affects residents who rely on those documents for driving, identification and numerous everyday transactions.
For now, the key change is straightforward: Ohio’s BMV will no longer accept the previously used professionally certified declaration of gender change form and instead requires an updated birth certificate or passport as proof for a gender-marker change.
The policy is likely to remain a point of contention among transgender-rights organizations, which say the new documentation requirements create additional barriers, while the BMV maintains that its change was necessary to comply with Ohio law.
