Letter from the Board – November

Dear all,

After 10 years of going by my chosen name, I changed my name legally this Fall. And next week, thanks to the work of many advocates in my state, I will be able to change my gender marker on my state driver’s license to “X” simply by marking it on a form. 

I had not done so sooner because I was able to use my chosen name in most public-facing platforms during law school and at work (though it sometimes took some time, and there were many hiccups). I’ve been an exception, an outlier that bar associations and schools had to accommodate. I wrote a motion so that when I passed the bar, the name displayed on the bar website would not be my legal name. 

I was finally pushed to seek a legal name change because my current place of employment–a law school–would not change the name that my student-advisees see when I need to approve their events within the school system. Shortly after I received the name change, I learned that my Dean was able to have some conversations and allow all staff and faculty to input their preferred name that would appear in that system, even without a legal name change. I’m glad that the structural change was made even if I have gone through the legal procedure and cost of the formal name change. 

I’m writing to a community that understands this struggle far too well. If you or your loved ones have already gone through a legal name change–or a social name change without taking legal steps–you know well how challenging it can be to navigate state systems and practice patience as officials tell you that you didn’t complete a form correctly or didn’t create the right appointment. 

And now, despite the work, cost, patience, emotional labor, and more that went into this process, the federal government, green-lit this week by the Supreme Court through its stay of an injunction pending review, will no longer issue passports with X markers. At least for now, those who already have such passports can still travel with them. But there’s a catch. U.S. Customs and Border Patrol has stated that they will require those with X markers to state “M” or “F” in order to travel–an X marker will no longer be sufficient when traveling commercially. For details, see the policy, which went into effect on Oct. 14, here.

The harm on the nonbinary and trans community cannot be understated. I hope everyone takes time to read the powerful dissent to the stay by Justice Jackson, who has given voice to the history of sex marker changes on passports and the significance of legal documentation matching our identities. 
https://www.supremecourt.gov/opinions/25pdf/25a319_i4dj.pdf

As this case and others develop, we will keep gathering as the NTBA, holding space that centers and celebrates trans experience. We’re still holding monthly book clubs, cosponsoring the monthly trans legal networking program, and gathering in quarterly town halls. On Saturday Nov. 15, we’re gathering in person in Chicago—all in town are welcome! Info below. 

We can’t let the attempt to erase us from public existence—an ironic attempt given how much those who want to erase us are putting trans people at the top of their agendas—cause us to hide. We are seeing the system’s response to our efforts to bend it to make more room for us. Our efforts are part of a long arc of returning to a society of plural identities, genders, and experiences that were respected and celebrated before Western colonization. The backlash to our efforts show that we have been successful. 

I believe that we are on the right path, even if we are in a very rough patch. 

I believe that we are embodiments of self-love. 

I believe that we are stronger together. 

I believe that we will keep up the advocacy on all fronts and overcome this moment—and that the bright spots will sustain us. 

I believe that we will win. 

Best regards,
D Dangaran
NTBA Co-Chair