Gender changes on Minnesota driver's licenses

People interested in changing the gender on their driver's license must request a "variance." To request a variance, a person must complete a form and send it along with any supporting documents and a check for $10 to the state for processing.  Note: this process does not begin at your local driver's license office!  Forms are sent to the central office in St. Paul for processing (see form for mailing address).

To obtain a variance request form, click here.  You can also visit the Department of Public Safety, then select "driver license forms" and then "Petition for Variance of Minnesota Rules 7410 Identity/Residency."

An individual who has changed their birth record, or who documents having had genital correction surgery, will almost undoubtedly have their request approved. Persons who have not had genital correction surgery should enclose a letter, preferably from a physician, confirming hormone therapy or other permanent physical changes.

There has been considerable concern among many in the transgender community regarding the impact of the REAL ID Act on the question of amending gender information on driver's licenses and ID cards. In the final regulations issued by the US Department of Homeland Security (see Federal Register: January 29, 2008 (Volume 73, Number 19), Pages 5271-5340), the issue has been specifically addressed. In particular, the summary of comments and responses states (p. 5301):

The U.S. Department of Homeland Security will leave the determination of gender up to the states since different states have different requirements concerning when, and under what circumstances, a transgender person should be identified as another gender.

This reflects a clear federal intent to honor state processes, including Minnesota's, where people seeking to amend the gender on these documents can submit verification (mainly medical statements) attesting to the appropriateness of the change.

This information is intended to be general and educational, and not intended to be legal advice.

For more information, please contact the OutFront Minnesota Legal Program at legal@outfront.org or at (612) 822-0127, ext. 230.

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