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In October, 2003, the Department of Public Safety notified its staff
statewide that people interested in changing the gender listed on their
driver’s license would need to
request a "variance." (A "variance" in essence is an exception from the
typical rules.) 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. Please note that your local driver's license
office will likely NOT be able to process this request for you, even if
it can help you in other ways. The Dept. of Public Safety
memo contains extremely important information that is NOT contained
on the variance-request form itself! You can read Minnesota
Rule 7410.0400, referred to in the memo.
To obtain a variance-request form, visit the Dept. of Public Saftey
web site, 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 from a physician or therapist confirming
treatment for gender-identity issues.
Recently, 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 last month (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):
DHS will leave the determination of gender up to the States
since different States have different requirements concerning when, and
under what circumstances, a transgendered individual should be
identified as another gender.
The entire document may be viewed
here.
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
or at (612) 822-0127, ext. 230.
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