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Identity Document Laws and Policies

Driver’s license policies govern the process by which a person can change the gender marker on their driver’s license. Many transgender people choose to update the gender marker on their identity documents so that it matches their gender identity. Accurate and consistent gender markers on identity documents help transgender people gain access to public spaces and resources, as well as dramatically reducing the risk that they will face violence, discrimination, or harassment.  Additionally, states may allow individuals to identify as something other than male or female on their driver’s licenses. The ease of the process to change gender markers is independent of how many gender options (i.e., male, female, nonbinary) are available.

However, many states have not yet modernized their policy or process, making it significantly challenging for transgender people to access identification that matches their gender identity and protects their safety. This map examines the variation in state policies regarding both the process of changing one’s gender marker, as well as the gender marker options available in a given state.  This map’s categories were developed in conversation with the Advocates for Trans Equality (A4TE) and based on their driver’s license process grading system, available here.

State allows residents to mark M, F, or X on their driver's license
State allows residents to mark M, F, or X on their driver's license
(22 states + D.C.)
State uses easy to understand form and does not require provider certification
(21 states + D.C.)
State uses easy to understand form and requires provider certification (accepted from wide range of professionals)
(5 states + 2 territories)
State uses easy to understand form and requires provider certification (accepted from limited range of professionals)
(2 states)
State has no form. No court order or proof of surgery required, but burdensome process requirements and/or provider certification required from limited range of professionals
(3 states)
State has unclear, unknown or unwritten policy regarding gender marker changes
(2 states + 1 territory)
State requires proof of surgery, court order, or amended birth certificate
(9 states + 2 territories)
State does not allow for updating the gender marker on driver's license
(8 states)
Citations & More Information

*NOTES (and click the “Citations & More Information” beneath the map legend for more info about every state):
–  In Idaho, the state requires an amended birth certificate in order to update a driver’s license, but following a court ruling in January 2026, the state no longer allows updates to a birth certificate. This creates a de facto ban on driver’s license changes for anyone who did not already have an amended birth certificate.

See also MAP’s 2022 report The ID Divide: How Barriers to ID Impact Different Communities and Affect Everyone, detailing the ways that barriers to obtaining an accurate ID significantly impact people’s ability to move through their daily lives and how these obstacles harm specific communities, as well as our related Fact Sheet: Identity Documents & Transgender and Nonbinary Communities (2022).

 

Recommended citation for this set of maps:
Movement Advancement Project. 2026. “Equality Maps: Identity Document Laws and Policies.” https://mapresearch.org/equality-map/identity-document-laws-and-policies/. Data as of June 12, 2026.

Recommended citation for this specific map:

Movement Advancement Project. 2026. “Equality Maps: Gender Markers on Drivers Licenses.” https://mapresearch.org/equality-map/identity-document-laws-and-policies/#drivers-license. Data as of June 12, 2026.

 

Percent of Transgender Population Covered by Laws

*Note: These percentages reflect estimates of the transgender population (ages 18+) living in the 50 states and the District of Columbia. Estimates of transgender people in the U.S. territories are not available, and so cannot be reflected here. Population estimates are from The Williams Institute.

51%
51% of transgender people (ages 18+) live in states that allow residents to mark M, F, or X on their driver's license
50%
50% of transgender people (ages 18+) live in states with an easy to understand form and no provider certification required
10%
10% of transgender people (ages 18+) live in states with an easy to understand form and provider certification requirements (accepted from wide range of professionals)
1%
1% of transgender people (ages 18+) live in states with an easy to understand form and provider certification requirements (accepted from limited range of professionals)
5%
5% of transgender people (ages 18+) live in states with no form; no court order or proof of surgery required, but burdensome process and/or provider certification requirements
1%
1% of transgender people (ages 18+) live in states with an unclear, unknown, or unwritten policy regarding the process of gender marker changes
12%
12% of transgender people (ages 18+) live in states that require proof of surgery, court order, and/or amended birth certificate to change gender marker
22%
22% of transgender people (ages 18+) live in states that do not allow for updating the gender marker on the driver's license
Birth certificate laws govern the process by which a state changes (or refuses to change) a gender marker on a person’s birth certificate. Many transgender people choose to revise the gender marker on their identity documents so that it matches the gender they live every day. Accurate and consistent gender markers on identity documents helps transgender people gain access to public spaces and resources, as well as dramatically reducing the risk they will face violence, discrimination, or harassment. For more information, see here.
State allows residents to mark M, F, or X on their birth certificates
State allows residents to mark M, F, or X on their birth certificates
(16 states + 1 territory + D.C.)
State updates birth certificates using an administrative process and does not require provider documentation
(15 states)
State updates birth certificates using an administrative process and requires provider documentation of "appropriate treatment"
(10 states + 2 territories + D.C.)
State has unclear process and/or unclear medical requirements left to the discretion of individual judges (see citations for more information)
(5 states + 2 territories)
State updates birth certificates using an administrative process but requires proof of surgery
(3 states + 1 territory)
State updates birth certificates but requires both a court order and proof of surgery
(7 states)
State does not allow for amending the gender marker on the birth certificate
(10 states)
State bans the use of an X option on birth certificates
State bans the use of an X option on birth certificates
(3 states)
Citations & More Information

*NOTES (and click the “Citations & More Information” button below the map legend for more information on every state):
—North Dakota‘s 2023 law bans all gender marker changes on birth certificates with a narrow exception for individuals who have had genital surgery. This is a stricter, more explicit surgical requirement than in many other states. See the “Citations & More Information” for further detail. 
—Puerto Rico‘s 2025 court ruling allowing “X” options on birth certificates may not be immediately implemented or available, pending the state’s birth certificate registry update.

See also MAP’s 2022 report The ID Divide: How Barriers to ID Impact Different Communities and Affect Everyone, detailing the ways that barriers to obtaining an accurate ID significantly impact people’s ability to move through their daily lives and how these obstacles harm specific communities, as well as our related Fact Sheet: Identity Documents & Transgender and Nonbinary Communities (2022).

 

Recommended citation for this set of maps:
Movement Advancement Project. 2026. “Equality Maps: Identity Document Laws and Policies.” https://mapresearch.org/equality-map/identity-document-laws-and-policies/. Data as of June 12, 2026.

Recommended citation for this specific map:

Movement Advancement Project. 2026. “Equality Maps: Gender Markers on Birth Certificates.” https://mapresearch.org/equality-map/identity-document-laws-and-policies/#birth-certificate. Data as of June 12, 2026.

Percent of Transgender Population Covered by Laws

*Note: These percentages reflect estimates of the transgender population (ages 18+) living in the 50 states and the District of Columbia. Estimates of transgender people in the U.S. territories are not available, and so cannot be reflected here. Population estimates are from The Williams Institute.

40%
40% of transgender people (ages 18+) live in states that allow residents to mark M, F, or X on their birth certificates
36%
36% of transgender people (ages 18+) live in states that update birth certificates using an administrative process and do not require provider provider documentation
21%
21% of transgender people (ages 18+) live in states that update birth certificates using an administrative process and require provider documentation of "appropriate treatment"
9%
9% of transgender people (ages 18+) live in states that have unclear processes and/or unclear medical requirements left to the discretion of individual judges
10%
10% of transgender people (ages 18+) live in states that update birth certificates but require both a court order and proof of surgery
19%
19% of transgender people (ages 18+) live in states that do not allow for amending the gender marker on the birth certificate
5%
5% of transgender people (ages 18+) live in states that update birth certificates using an administrative process but require proof of surgery

Many transgender people change their legal name to better reflect their gender identity. While state laws generally allow individuals to change their legal name for any non-criminal purpose, many states still have outdated and burdensome requirements that create substantial barriers to achieving a legal name change. One of the most common and problematic requirements is that a person must publicly post or publish their legal name change request, often in a local newspaper. This not only poses a financial obstacle (as the publication typically must be paid for), but also puts the person at risk of potential harm, harassment, or discrimination. Another significant barrier is that many states have additional rules and restrictions on name changes for people who have a criminal record. These aspects of the name change process are reflected in the map below. For more information, please see the Advocates for Trans Equality (A4TE) Identity Documents Center.

State law does not require publication of name change announcement
(28 states + 1 territory + D.C.)
State law has unclear publication requirement, or requires publication but allows individual court discretion and/or broad option to waive requirement
(13 states)
State law requires publication of name change announcement
(9 states + 4 territories)
State law includes additional restrictions and/or requirements for individuals with a criminal record
State law includes additional restrictions and/or requirements for individuals with a criminal record
(23 states)
Citations & More Information

Recommended citation for this set of maps:
Movement Advancement Project. 2026. “Equality Maps: Identity Document Laws and Policies.” https://mapresearch.org/equality-map/identity-document-laws-and-policies/. Data as of June 12, 2026.

Recommended citation for this specific map:

Movement Advancement Project. 2026. “Equality Maps: Name Change Policies.” https://mapresearch.org/equality-map/identity-document-laws-and-policies/#name-change. Data as of June 12, 2026.

 

Percent of Transgender Population Covered by Laws

*Note: These percentages reflect estimates of the transgender population (ages 18+) living in the 50 states and the District of Columbia. Estimates of transgender people in the U.S. territories are not available, and so cannot be reflected here. Population estimates are from The Williams Institute.

66%
66% of transgender people (ages 18+) live in states that do not require publication of name change announcement
20%
20% of transgender people (ages 18+) live in states with unclear requirements, individual court discretion, or broad waiver options for public announcement of a name change
13%
13% of transgender people (ages 18+) live in states that require publication of name change announcement
64%
64% of transgender people (ages 18+) live in states with additional restrictions and/or requirements for individuals with a criminal record

key

Positive Law
Negative Law
Gender Neutral 'X' Options Available
State Driver's License Birth Certificate Name Change
Citation
Alabama
Negative Law
Positive Law
Alaska
Positive Law
American Samoa
Negative Law
Arizona
Arkansas
Negative Law
Positive Law
California
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Colorado
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Connecticut
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Delaware
Positive Law
Positive Law
District of Columbia
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Florida
Negative Law
Positive Law
Georgia
Negative Law
Negative Law
Guam
Negative Law
Negative Law
Hawaii
Positive Law
Gender Neutral 'X' Options Available
Idaho
Negative Law
Negative Law
Negative Law
Illinois
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Indiana
Negative Law
Negative Law
Iowa
Negative Law
Kansas
Negative Law
Kentucky
Negative Law
Positive Law
Louisiana
Negative Law
Positive Law
Maine
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Maryland
Positive Law
Gender Neutral 'X' Options Available
Positive Law
Massachusetts
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Michigan
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Minnesota
Positive Law
Gender Neutral 'X' Options Available
Positive Law
Mississippi
Positive Law
Missouri
Negative Law
Negative Law
Montana
Negative Law
Nebraska
Negative Law
Nevada
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
New Hampshire
Positive Law
Gender Neutral 'X' Options Available
New Jersey
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
New Mexico
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
New York
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
North Carolina
Positive Law
Negative Law
North Dakota
Positive Law
Northern Mariana Islands
Negative Law
Negative Law
Ohio
Positive Law
Oklahoma
Negative Law
Oregon
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Pennsylvania
Positive Law
Gender Neutral 'X' Options Available
Puerto Rico
Positive Law
Gender Neutral 'X' Options Available
Positive Law
Rhode Island
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
South Carolina
Negative Law
Positive Law
South Dakota
Negative Law
Negative Law
Tennessee
Negative Law
Positive Law
Texas
Negative Law
Positive Law
U.S. Virgin Islands
Positive Law
Negative Law
Utah
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Vermont
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
Virginia
Positive Law
Gender Neutral 'X' Options Available
Positive Law
Washington
Positive Law
Gender Neutral 'X' Options Available
Gender Neutral 'X' Options Available
Positive Law
West Virginia
Negative Law
Wisconsin
Wyoming
Negative Law
Negative Law