Statement in Response to FLHSMV Rule Change on Driver's License Gender Markers

The statement below is written by Co-Chair of the Advocacy Committee, Nick Ducharme, on behalf of DeLand Pride and Volusia Pride.

In the so-called “Free” State of Florida’s latest attack against human rights and freedoms, the Florida Highway Safety and Motor Vehicles department (FLHSMV) has unilaterally revoked a rule that permitted transgender individuals to update the gender marker on their driver’s licenses to correspond to their gender identity. This change is effective immediately.

The FLHSMV, in flagrant disregard of experts from the American Psychiatric Association, the Centers for Disease Control and Prevention, and the World Health Organization (not to mention common dictionary understandings), has decreed that gender will now be interpreted as “biological sex.” Therefore, any transgender person with a gender marker on their driver’s license that differs from their biological sex at birth may now be at immediate risk of suspension or revocation of their license. If stopped by police while carrying one of these “fraudulent” licenses, these persons may also be at immediate risk of fines, arrest, and/or criminal prosecution. These risks will also be present every single time that these persons must present their driver’s license for any reason.

It appears to no longer be possible to change one’s driver’s license gender marker from one’s biological sex at birth. Meanwhile, for those who do change their driver’s license gender markers to match their biological sex at birth, this puts them at greater risk when using a bathroom or locker room that matches their gender identity.

There is little doubt that this policy, a first in the nation, will be challenged legally. But in the meantime, we recommend that transgender individuals protect themselves to the best of their ability. Carefully research this new policy and make the safest decision for yourself. Also carefully research related bills that are currently making their way through the Florida House of Representatives: HB1233 and HB1639, which could require the signature of “biological sex affidavits” when renewing or updating driver’s licenses.

No matter what bigotry the current Florida government throws at the LGBTQ+ community and its allies, DeLand Pride and Volusia Pride are committed to standing with you. We will continue to speak out against this type of government-sanctioned discrimination. We will continue to fight for a community that is safe and secure for all people.