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Revised Passport Requirements

From NCTE: New News on Passport Requirements

The U.S. State Department has announced some small but important additional changes to its policy for updating gender on U.S. passports and Consular Reports of Birth Abroad (CRBAs). The changes make clear that any physician who has treated or evaluated a passport applicant may certify that he or she has had appropriate treatment for gender transition. The revised policy also clarifies language and procedures to ensure that individuals with intersex condition can obtain documents with the correct gender.

In June 2010, the Obama Administration announced a new policy for updating gender markers on passports and CRBAs. For the first time, the June policy enabled transgender people to a passport that reflects their current gender without providing details of specific medical or surgical procedures. Instead, applicants could provide certification from a physician that they had received “appropriate clinical treatment” for gender transition. This policy was the result of years of advocacy, and represented a significant advance in providing safe, humane and dignified treatment of transgender people.

The policy announced in June was a huge step forward, but it was not perfect. It contained rigid and unnecessary restrictions on which physicians could write supporting letters for applicants, and contained confusing provisions regarding people with intersex conditions. With input from NCTE and other organizations, the Department moved swiftly to clarify and improve the policy. The passport policy as it now stands represents a model that other federal agencies, such as the Social Security Administration and U.S. Citizenship and Immigration Services, should move swiftly to adopt.

NCTE has prepared a revised resource that fully explains the new guidelines and outlines the ways in which transgender people can make changes to their passports and CRBAs. We are thankful for our colleagues at the Council for Global Equality, the National Gay and Lesbian Task Force and the National Center for Lesbian Rights for their wonderful collaborative work on this vital issue.

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From NCTE: New HUD Rules

The National Center for Transgender Equality applauds President Obama and the U.S. Department of Housing and Urban Development (HUD) for proposing new regulations, unveiled today, that would ensure that HUD’s programs would be open to all who need them, regardless of sexual orientation and gender identity. This means that all of HUD’s core programs, such as Public Housing, rental vouchers (called Housing Choice vouchers), and FHA home financing, will serve all those who are eligible.
Data from a forthcoming report on transgender discrimination in the United States, co-sponsored by NCTE and the National Gay and Lesbian Task Force, was cited as evidence demonstrating the dire need for housing protections for the transgender community.  Nineteen percent (19%) of the survey’s more than 6,000 respondents had been denied a house or apartment because of their gender identity, while 11% had been evicted due to bias. The full report will be released in a matter of weeks.

“There are so many individuals and families who rely on HUD’s programs to ensure that they have a roof over their heads and that they can make ends meet,” noted NCTE’s executive director, Mara Keisling. “And yet far too often, they have encountered discriminatory landlords and regulations that make it impossible for them to have a fair deal. HUD’s strong stand against discrimination will make a concrete difference in the lives of transgender people and our families. Every American needs and deserves a home.”

If the rules proposed today are fully implemented after the 60 day public comment period, transgender people facing discrimination in public housing or public housing financing will have recourse to fix the problem. The new regulations would include definitions of sexual orientation and gender identity, ban landlords from asking about sexual orientation or gender identity, prohibit lenders from discriminating on that basis, and clarify that public housing programs are open to LGBT families who are otherwise eligible for them.

This is far from HUD’s first advance in transgender equality. Thus far, the Obama Administration has announced that they will conduct the first-ever national study of housing discrimination against LGBT people. They have also issued fair housing guidance that specifically clarified that discrimination against transgender people can be considered a violation of the Fair Housing Act. In addition, HUD has ruled that those who receive HUD discretionary funding must abide by state and local anti-discrimination laws.

NCTE will continue to follow HUD’s progress through the comment period.

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From NCTE: What transgender people need to know about TSA’s procedures

From NCTE:

As transgender people and our families prepare to travel for the Thanksgiving holiday, many have expressed concern about the various new invasive equipment and procedures at the airport announced by the Transportation Security Administration (TSA).

NCTE opposes the routine use of full-body scanners and the new invasive patdown procedures. We have and will continue to work with the TSA to minimize privacy intrusions and ensure respectful treatment of transgender travelers.

We want all of our members and friends to have safe and uneventful travel this season; here are some ideas and information to help you do that.

First, it is important that you KNOW YOUR RIGHTS. Even if TSA personnel are not always familiar with travelers’ rights, such as the right to decline a full-body scan, you should know them. You may need to politely inform the officer of your rights and choices.

Second, calmly and clearly expressing your choices is very important. This makes it easier for the TSA agents to understand what your needs are and may help you get through the checkpoint more quickly.

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