Tuesday, May 22, 2012

Transgendered Alaskan Male Hayden Nevill Considered A Male On His
Passport, But A Female On His Alaska Driver's License, And The Alaska
DMV Won't Budge

Hayden Nevill, a transgendered Alaskan who identifies as a male, has a
legitimate beef. The U.S. Department of State is willing to accept his
self-identity as a male, so his passport indicates he's a male.
However, the Alaska Department of Motor Vehicles is not willing to
accept his self-identity as a male, so his driver's license indicates
he's a female. So in situations where he needs to use his driver's
license as his official I.D., such as renting a vehicle, it can lead
to some interesting and uncomfortable experiences, which he describes
in an Anchorage Daily News Compass piece entitled "Transgender
Alaskans' privacy imperiled"
<http://www.adn.com/2012/05/21/2474396/transgender-alaskans-privacy-im...>
.

On the surface, Nevill presents as a male. He has a deep voice and a
receding hairline. He does not state definitely whether or not he's
had gender reassignment surgery, but by the tone of his article, it's
probable that he hasn't. He contends that shouldn't matter, noting
that not every transgendered person should be considered a candidate
for surgery or can afford surgery that isn't covered by health
insurance plans.

But the central issue here isn't gender reassignment surgery; it's
vertical consistency. We have two different agencies using two
different standards for issuance of official identification cards,
producing two different results. This generates confusion; the
dichotomy must be resolved. In another case, the ACLU filed a lawsuit
on behalf of K.L., a female pilot
<http://www.aclu.org/lgbt-rights/kl-v-state-alaska-department-administ...>
who was told by the Alaska DMV that her new license, which identifies
her as a female, would be revoked unless she submitted proof of having
surgery. In March 2012, the judge in that case ordered the DMV to
produce an appropriate regulation for transgender people within six
months, warning that the agency must consider the constitutional
implications of any future rules. K.L. will be able to re-apply for a
license after the new regulations are adopted, and her license
cancellation is suspended. The six-month deadline expires in September
2012.

Meanwhile, transgendered Alaskans are still left with at least one
official government document that doesn't match who they are. This is
not acceptable. The State of Alaska cannot control the standards used
by the Department of State, but it can control the actions of the DMV.
It's time for Governor Sean Parnell to intervene and light a fire
under the DMV. The central issue is NOT the propriety of
transgenderism; the fact that I believe gender should be defined
solely by genitalia is irrelevant in this case. It's about vertical
consistency -- and nothing else. Every agency issuing official I.D.
needs to use the same defining standards. If the trumpet giveth an
uncertain sound, who shall join the battle?

Posted by Anchorage Activist at 8:24 AM

http://alaskapride.blogspot.com/2012/05/transgendered-alaskan-male-ha...