Iowa Governor's Bill Would Mandate Trans People Have Both Gender Markers On Licenses

House Study Bill 649, introduced by Iowa Governor Kim Reynolds, would ban drivers license gender marker changes unless a trans person had surgery. In those cases, trans people must list both genders.

Thursday afternoon, Gov. Kim Reynolds submitted House Study Bill 649, a bill with sweeping provisions targeting the transgender community. The bill would end all legal recognition of transgender people, mandating that "sex" refers to someone’s assigned sex at birth in all Iowa code. It also would spell out new requirements for gender marker changes in official documents. Rather than allowing transgender or intersex people to change their gender markers on driver's licenses and birth certificates, it would restrict those changes only to those who have a letter from a "doctor and surgeon" showing that the "sex designation has changed." Even more troubling for transgender and intersex individuals: those who are approved for the change would be forced to list both gender markers on their driver's license.

It is important to note that it is unclear if such changes would even be allowed with surgery. The bill also defines sex for all of Iowa code through reproductive capacity… i.e., a male is defined as "a person whose biological reproductive system is developed to fertilize the ova of a female." Then, the section on driver's license and birth certificate changes goes on to state that for the purposes of changing one’s driver's license, the new definition of "sex" that excludes transgender people must be used. If a surgeon and doctor sign a letter stating that the individual’s sex designation "has changed by way of surgery or other treatment," then both the original sex and the new sex must be listed on the individual's driver's license.

See the provision here:

This would essentially mandate that all transgender and intersex individuals who get updated driver's licenses have "M-F" or "F-M" listed in some fashion. It would make it immediately obvious to anyone that a person is transgender when presented with the driver's license. This could make interactions in bars and restaurants, traffic stops, and credit card verification much more dangerous, exposing transgender individuals to potential anti-trans actions wherever they go. It also could be used to enforce future laws targeted at transgender people, forcing them to carry identification that outs themselves as transgender.

The bill comes a day after the massive defeat of a separate piece of anti-transgender legislation on Wednesday. In a packed hearing room, majority-Republican lawmakers voted against a bill that would remove transgender people from the state’s civil rights act and would declare them disabled. Over 300 people queued up outside against the bill, and only 3 people spoke in favor of it. With news of the victory widely reported by LGBTQ+ organizations like the Human Rights Campaign, some may see this move as retaliation for that bill’s defeat.

In a statement released by Iowa Safe Schools, Becky Taylor, Executive Director for Iowa Safe Schools said, “This bill is an affront to everything we’re about as Iowans. Gov. Reynolds has made it crystal clear that transgender Iowans are not welcome in their own state. Our organization would strongly suggest that the governor retake elementary civics class - 'separate but equal' is inherently unconstitutional. Our organization will fight tirelessly to ensure our students are afforded equal treatment under the law.”

This bill is significantly more dangerous than most anti-trans bills introduced in Iowa this year, primarily because it was introduced by the Governor, indicating that it may have stronger backing and is considered a policy priority. If Iowa passes this bill, it could become the third state to target the driver's licenses of transgender adults, and the first state that would require both markers on a single ID card for those who seek to update their licenses.

For those wishing to track the bill and hearings around it, Iowa Safe Schools and One Iowa are statewide organizations organizing opposition to the bills.