Majority of LGBT Americans Can Now Get an Accurate Birth Certificate Without Burdensome Requirements

Thanks to recent updates in Idaho and Florida, 51% of LGBT adults now live in states that issue new birth certificates without requiring sex reassignment surgery or a court order. Previously transgender people in these states had to provide proof of “sexual reassignment surgery,” while those living in Idaho could not get an updated birth certificate.  Now transgender people in Florida can provide a letter from a medical provider asserting they have undergone transition-related care to change their gender marker. In Idaho, transgender people must complete paperwork, and have it notarized—a simple and straightforward process.

The changes in these states are major milestones in the fight for equality for transgender and gender nonconforming people.

Official identity documents—such as drivers’ licenses, birth certificates, and passports—that do not match a transgender person’s gender identity greatly complicate that person’s life. According to the United States Transgender Survey, nearly one-third (32%) of respondents who have shown an ID with a name or gender that did not match their gender presentation were verbally harassed, denied benefits or service, asked to leave, or assaulted. A recent ad produced by MAP called “Movie Theater” depicts how transgender people can experience harassment, discrimination and denial of equal treatment in places of public accommodation. In it, a transgender man is the subject of harassment because his gender marker on his drivers’ license does not match his gender identity.

Thirty-one states either require proof of surgery, a court order, or have unclear policies regarding updating the gender markers on birth certificates. For some transgender people, requiring surgery is neither affordable nor desirable. And another three states do not allow for amending the gender marker on the birth certificate.

By eliminating this requirement for updating their birth certificates, these 16 states and the District of Columbia are making it easier for transgender people to go about their daily lives and to exist equally.

Read more about the updated requirements from Equality Florida: http://www.eqfl.org/transactionfl/birth-certificates and Lambda Legal: https://www.lambdalegal.org/blog/20180406_idaho-makes-history

Click here to visit MAP’s updated equality maps page to see where your state stands on identity document laws and policies, including requirements for updating gender markers: http://www.lgbtmap.org/equality-maps/identity_document_laws 

Fighting to Protect Kids in Care

Imagine an adoption agency keeping a child in a group home despite having a qualified and loving relative willing to adopt them simply because that relative is gay. Now imagine a counselor refusing to offer therapy to a transgender teen in care. Or a child welfare turning away a loving, qualified Jewish couple because they are Jewish?

Sound alarmist? It happened in South Carolina and the governor responded by protecting the agency.

Now imagine that these agencies are receiving taxpayer dollars while continuing to discriminate against children and families. Across the country, seven states have passed discriminatory and harmful laws that allow adoption and foster care agencies to make decisions for children in their care based on religious beliefs rather than on the best interests of the child. These laws create a license to discriminate and allow agencies to flatly refuse to consider well-qualified prospective families for child placement—and still receive government funding.

Three states passed these laws last year, and we’ve seen several states consider this type of legislation in 2018. These laws can hurt kids. Laws like these mean:

  • An agency could refuse to place a child with qualified parents in a loving, forever home, simply because those parents are gay or lesbian.
  • An agency could refuse to allow an orphaned child to be adopted by an extended family member like a gay uncle or a lesbian grandparent.
  • An agency could refuse to place LGBT youth with accepting parents, but could instead place them with parents who intend to force them into harmful conversion therapy.
  • An agency could decide to keep a child in a government group home rather than place them with a loving, qualified couple who don’t share the agency’s religious beliefs.

In September 2017, MAP authored a report Kids Pay the Price: How Religious Exemptions for Child Welfare Agencies Harm Children which found that there are nearly 428,000 children in foster care in the United States, over 111,000 of whom are awaiting adoption. Of those children, 53% had been waiting more than two years for a permanent home. Yet adoption discrimination laws protect workers and agencies who reject LGBT and other qualified parents simply because those parents fail to meet the religious criteria imposed by the agency, forcing children to pay the price of discrimination.

Earlier this month, an adoption discrimination bill in Georgia was stalled, however, adoption discrimination bills in Kansas and Oklahoma continue to advance, and we’re watching these closely.

MAP is working with advocates on the ground to defeat these bills with ads, strategic, research-based messaging guidance and in-depth policy resources. For more information about MAP’s work to protect children from these dangerous bills, visit www.lgbtmap.org/adoption

Child welfare agencies should put kids first, always. But these kinds of harmful laws give child services workers a license to discriminate and deny children the loving, forever homes they need.

The Wage Gap and LGBT Women

Today is Equal Pay Day, which reflects the approximate number of extra days the typical woman must work to in 2018 to make what the typical man made in 2017 alone. Based on data from the Census Bureau, in 2018 a woman earns $0.80 for every $1.00 earned by a man.

Despite significant progress made over the past 50 years, women’s economic security is still extremely vulnerable. For example, when the wage gap is combined with attempts by the Trump Administration to create a right to refuse vital health care, or efforts in states to thwart paid family leave, women are at even greater risk of economic insecurity.

But that’s not the whole story.

We also know this disparity is worse for women of color and LGBT women.

For LGBT women, discrimination and stigma because of their sexual orientation and gender identity mean that they and their families are especially vulnerable to economic insecurity. Read more in MAP’s groundbreaking report, Paying an Unfair Price: The Financial Penalty for LGBT Women in America, released in 2015.

Addressing the ways in which all women are forced to pay an unfair price requires that LGBT women, women of color, parents, and all women, be treated equally.