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An Unfortunate Verdict: AL Judge Reinstates Transphobic Drivers License Policy

Elizabeth Van De Grift • September 21, 2024

September 20th 2024 , In the 11th Circuit U.S Court of Appeals, Judge Elizabeth Branch reversed the judgement ruling the controversial  "transgender drivers license policy" unconstitutional

It's been almost four years since the ACLU, Darcy Corbitt and two others filed a lawsuit against ALEA (Alabama Law Enforcement Agency) for depriving transgender citizens of driver licenses that reflect their gender.


[Policy Order 63 which requires anyone born in the state of Alabama to have a "sex change operation" and legally change their name in order to update the gender marker on driver licenses]


After years of court proceedings, a ruling the policies being enforced were unconstitutional, and appeals, we finally have a verdict, and it's an unfortunate one for the life and liberties of all  Alabamians.


On September 20th 2024 , In the 11th Circuit U.S Court of Appeals, Judge Elizabeth Branch reversed the judgement ruling the policy unconstitutional. Citing that the policy


 "does not single out or disadvantage individuals based on sex. Instead, the policy applies uniformly to all individuals seeking a change in their sex designation on state-issued documents. Policy Order 63 imposes the same objective conditions on everyone"


A statement that's facially true in regards to the policies neutral wording, but clearly false when considering what individuals are opting to change the sex marker on driver licenses.

Advocates for Trans Equality (A4TE), and the American Civil Liberties Union (ACLU) issued the following statement in response to the ruling:


We are deeply disappointed with the Court’s ruling. This decision puts transgender people in Alabama at risk. Living in a place that will not recognize who you are on something as essential as an identity document is not only horribly damaging to one’s psyche, but also puts transgender people at risk during every interaction where an ID is required. 

“Transgender and nonbinary people in states across the country are being put in a double bind: it can be near impossible to access transgender health care, but surgery ‘proving’ their gender is required for them to get the identification documents they need to live their lives.” 


This certainly was a disappointing outcome, but that doesn't mean all hope is gone. The U.S Constitution is not void where prohibited by law, as long as individuals are willing to stand up against discriminatory and illegal policies, it is an eventuality that this policy and others like it will be wiped from the books. Read more here: https://transequality.org/news/tldef-and-aclu-statement-response-federal-court-ruling-transgender-id-lawsuit




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