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Minnesota State Capitol Building

Gender Changes On Minnesota
Driver's Licenses

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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