Transgender, gender-nonconforming, nonbinary, and intersex people may have questions about how to update or maintain identity documents after Trump's Executive Orders on gender and Iowa's new laws on the same. We are sharing the following information as a resource so that individuals can review their options and act with haste where necessary. We understand that much of this information is depressing. These laws are discriminatory and they hurt TGNCNBI lives. Please remember that no law can take away our existence.
Iowa Birth Certificates
On February 27, 2025, the Iowa legislature removed transgender people as a protected class from the Iowa Civil Rights Act. Iowa's governor has now signed this bill into law. This bill will also not allow people to change their Iowa “sex designation” or gender marker on their birth certificates anymore. Before this change in the law, people could change this designation with a notarized affidavit on their doctor’s letterhead that they have permanently changed their gender through medical treatment. If you have been waiting to change (amend) your birth certificate, NOW is the time to do this. July 1, 2025 is the effective date of this legalization. It can take time to gather your supporting documents AND it often takes at least four weeks to process these amendment applications. It is possible that the processing time will increase as applications increase. For those able, we encourage going in person to process your application as that can yield faster results AND eliminate wait time with snail mail. If you mail your amendment application, we encourage mailing it with tracking so you can confirm that it reaches it's destination. Here is a specific guide to help with the Iowa birth certificate amendment process. https://law.uiowa.edu/sites/law.uiowa.edu/files/2024-08/Iowa%20Guide%20to%20Changing%20Legal%20Identity%20Documents%2010th%20Anniversary%20Edition%20August%202024%20Final.pdf
If you were born outside of the state of Iowa, you might still be eligible to change your birth certificate. Many states still allow gender markers to be changed on birth certificates. Here is a list of state laws regarding amending gender markers on birth certificates: https://transequality.org/documents. Since laws are rapidly changing in these unprecedented times, double check the laws in any particular state you are researching.
Iowa Drivers License/ID
Iowa has not yet changed the law with regard to changing gender markers on your Iowa driver’s license or State ID. You can change your driver’s license with either a birth certificate with the corrected gender marker or a notarized affidavit from your doctor that by reason of medical treatment or surgery you have permanently changed your sex designation. This should also be completed as soon as possible. Again, refer to the Iowa Guide for Changing Legal Identity Documents. https://law.uiowa.edu/sites/law.uiowa.edu/files/2024-08/Iowa%20Guide%20to%20Changing%20Legal%20Identity%20Documents%2010th%20Anniversary%20Edition%20August%202024%20Final.pdf
Federal Documents
Here are some things to consider if you need to apply for a passport or update social security: https://lambdalegal.org/tgnc-checklist-under-trump/
Updated sex designations on U.S. passports and other federal documents have been immediately impacted. Obtaining an "X" gender markers on U.S. passports is no longer an option and passports with corrected gender markers (M to F or F to M) are no longer being issued. Applicants are required to use their sex assigned at birth. The ACLU has brought action on this issue. The ACLU asks that LGBTQ+ people who have been discriminated against to report them to https://forms.office.com/pages/responsepage.aspx?id=6XZWc5QkD0q_MUveoekZhv_CsRi0fcdDo9jGNCZg1-dUOE5MMERPWVZYU1lHVEpXNlM1Q1JDV1VORSQlQCN0PWcu&route=shorturl. You can also contact the ACLU of Iowa at https://www.aclu-ia.org/en/contact-us-legal-problem
Please note this is not legal advice. This is meant to help guide trans and gender diverse persons at a time when the law is ever-evolving. If you have questions specific to your situation, please send an inquiry to legalservices@lavenderlegal.org.