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State Dept. issues pro-trans policy for U.S. passports

‘Significant’ change correctly identifies gender

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Mara Keisling, executive director of the National Center for Transgender Equality (Blade photo by Michael Key)

A recent change at the State Department enabling transgender Americans to have their correct gender identified on U.S. passports is being hailed as “hugely significant.”

The change, unveiled June 10 by the State Department, mandates that U.S. passports reflect the appropriate gender of transgender people who present certification from a doctor saying they’ve undergone gender transition. Under previous rules, sexual reassignment surgery on genitalia was a prerequisite for gender change on a passport.

Mara Keisling, executive director of the National Center for Transgender Equality, said the new policy is “hugely significant” and the “biggest administrative win to date.”

“As we’ve needed better and better ID — more and more consistent ID — it’s been harder and harder for trans people to get it,” she said. “This is a step in the right direction.”

If a transgender person is in the process of transitioning but hasn’t yet fully transitioned, a State Department rep said a temporary passport valid for two years would be issued. After the person has fully transitioned, the department would issue a passport that is valid for 10 years.

Keisling said the change enables transgender people to have an official source of identification that correctly identifies their gender, which she noted is important for transgender people who live in areas where they aren’t allowed to change their gender on other forms of identification.

She said that Tennessee, Ohio and Idaho, for example, are places where residents aren’t allowed to change their gender on their birth certifications.

“It means that when you go apply for a job, you have to out yourself, because you have to show them government-issued ID, which often is triggered by your birth certificate or your driver’s license,” Keisling said. “Now trans people in those states can use their passports.”

Keisling said the new change also helps national security and the identification process because “now you have people with consistent ID that makes sense for who they really are.”

“At border crossings, they’re not looking for genitals,” Keisling said. “They’re looking for guns and drugs — and that’s what they should be looking for.”

In a Blade interview, Michael Kirby, principal deputy assistant secretary of state for consular affairs, said the policy came to the attention of the State Department in February.

Kirby said the National Center for Transgender Equality and other LGBT groups met with department officials and determined “the policy was out of date from what it should be.”

“Up until that time, we required a statement from a physician that there had been an operation to accomplish the transgender change,” he said. “We were told that’s not what current medical theory is.”

According to a State Department statement issued last week, the new policy is based on the standards of the World Professional Association for Transgender Health, an organization the American Medical Association recognizes as an authority in transgender issues.

Although the change still requires a statement from a medical physician noting that a person has undergone gender transition, Keisling said this certification could be based on different factors depending on the individual because of “modern understanding of what it means to be a transsexual.”

“Some people may just need hormone therapy, some people may need some kind of surgery,” Keisling said. “They may need surgery and not be able to afford surgery, and that’s taken into account by the standards of care that the medical profession has set about.”

Kirby said a certification from a physician must include, among other things, a medical license or certification number, contact information, a statement affirming that he or she is the attending physician and language noting the applicant “has had appropriate clinical treatment for gender transition to the new gender.”

“So it’s fairly simple,” Kirby said. “But it has to be a doctor-patient relationship, not a non-professional relationship.”

The State Department statement says officers who issue passports “will only ask appropriate questions” for applications to obtain information necessary to determine citizenship and identity.

Kirby said this guidance is to ensure officials won’t ask probing questions such as “Why did you do this,” “When did it happen,” or other inquiries that “are really not germane” to a transgender person’s passport application.

The new change comes about 18 months into the Obama administration and after about the same length of time that organizations, including HRC, advocated for the new change as a policy that could be made without a change in law.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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