AUSTIN, Texas — There is frustration from some Texans after the Department of State Health Services (DSHS) confirmed it no longer allows transgender people to use court orders to get their sex changed on their birth certificates. The option has already been removed from the application.
"It was a gut punch," Emily Bray said.
Bray, who lives in Dallas, fully transitioned five years ago. She said in late August, she finally got the court order needed to change the gender marker on her birth certificate and other government documents.
"It's definitely been a struggle," Bray said.
On Friday, it got more difficult when the DSHS changed its policy without notice.
In a statement, DSHS wrote, "Recent public reports have highlighted concerns about the validity of court orders purporting to amend sex for purposes of state-issued documents. DSHS is no longer altering applicants’ sex on birth certificates based on these court orders."
Bray was not happy about how the department went about the change.
"It felt like having the rug pulled from right under [you] at the last minute," Bray said. "There's no justification either."
Just two weeks ago, the Texas Department of Public Safety stopped the transgender community from changing their sex on driver's licenses.
"It's easy to feel targeted," Bray said. "The fact that these are pushed through closed channels – no discussion, no debate, no press release, no anything – with the knowledge that [Texas Attorney General Ken] Paxton has also tried to attack trans people in the past, with the knowledge that this is an election year," Bray said.
Bray said right now, her ID and other documents show her photo, name and sex before transitioning. She said this puts her life at risk and impacts her everyday living.
"So there's been times where I've been stopped at the airport because they think that I'm using a false ID, or where I get questioned trying to go to bars. Or I've had things where my medical records, like when I go to the doctor, get sort of misplaced or confused," Bray said.
Gwen Howerton, who lives in Houston, has similar concerns. She has a corrected ID and recently applied for a birth certificate gender marker change.
"Now my birth certificate says one thing, and my driver's license says the other," Howerton said. "So it all just kind of makes me feel very confused, very stressed out, very anxious."
Howerton's over $100 application to change her birth certificate is now invalid. The health department said it's not processing applications and people will need to re-apply if the policy changes, leaving these two and possibly tens of thousands of others who identify as transgender in limbo.
"It's just the unintended consequences of this are crazy," Horton said.
Both are concerned more attacks in the form of bills will be coming in the next legislative session.
"You're always going to feel very scared as to what's going to happen next," Bray said.
DSHS said it is seeking assistance from the Office of the Attorney General to determine the applicability of these concerns to amendments to vital records. The health agency still lets people request a birth certificate change based on sex to correct an error or inaccuracy if they have a record or letter from the hospital saying they need to fix it.