Under normal conditions, there’s a standard order of operations for trans people updating their identity documents.

It begins with securing a court order to legally change their name, and then presenting it, and a handful of other identifying documents, in this order to the Social Security Administration for a new Social Security Card, state Department of Licensing for a new license, the State Department for a new passport, and a Department of Health or Biostatistics to correct a birth certificate.

But we are not under normal conditions. Although it’s efficient and cost effective to change your name and gender at the same time, trans people should prioritize changing their gender marker on federal documents. It’s easy under Joe Biden. It probably won’t be easy, or even possible, when Donald Trump is President.

Accounting for the holidays, we have five business weeks until Inauguration Day. Danni Askini, Executive Director of transgender advocacy and civil rights organization Gender Justice League, says that’s enough time to start. 

“It might be ugly, it might be messy, but to get your foot in the door is worth doing,” she says.

Ariyah Jané Albert, Community Counselor at Lavender Rights Project, says it's important to understand that many systems are not made with trans people in mind. “There are some systematic things we should take care of for our safety,” she says. 

Albert has a slightly more generous timeline in mind, but still recommends that  “by the end of quarter one, everyone is making those steps.” If your red state is giving you pushback, she says to connect with the local trans nonprofits in your area. 

Below you will find step-by-step instructions and tips to change your gender marker with the Social Security Administration, on your passport, and on your state ID or driver’s license in Washington. Stay tuned for guidance on immigration documents, legal names, and birth certificates, which you may be able to change through the courts in Washington, even if you weren’t born in Washington.

Also, on December 6, QLaw is hosting an emergency legal Q&A at Southside Commons from 5 pm to 7 pm, also streamed live on YouTube. Askini says if you encounter problems, Gender Justice League wants to know. 

“Lavender Rights Project, or the ACLU, we’re all in touch,” Askini says. “I don’t want people to feel they’re alone in this, because they’re not, and we’re here to help.”

Why To Prioritize Changing Your Gender Marker on Federal Documents

I can’t say exactly what Donald Trump will do after Inauguration Day on January 20th. But based on past statements, the President-Elect intends to ban gender-affirming care for youth, repeal Title IX protections for queer and trans kids in schools, potentially reverse Biden-era non-discrimination policies for trans and gay people in all areas of federal law outside employment, kick trans people out of sports and the military, again, and as he said last year, push Congress to pass a bill “establishing that the only genders recognized by the United States government are male and female–and they are assigned at birth.” 

Trump’s brothers and sisters in piss, the Republican Party, might go even farther and pass Rep. Nancy Mace’s bill banning trans people from single-sex facilities like bathrooms, locker rooms and changing rooms on all federal land including Reagan and Dulles airports in Washington, DC, and federal buildings. Even if that bill doesn’t pass, Mace’s original plan to ban Rep. Sarah McBride of Delaware, and every other trans person including legislative staff, from those spaces at the Capitol is already policy, according to Speaker of the House Mike Johnson. Under House rules, Johnson has “general authority” over facilities in the chamber and House office buildings. 

Trump and his loyal allies have a plan to replace thousands of civil servants with political appointees. How fast he’ll pursue his illiberal policies, and whether his actions will stand up to legal scrutiny is unknown, but it’s fair to say the Biden administration’s transgender-friendly policies probably won’t last in Trumpified federal agencies.

The reason to update federal documents first is the ability to do so is under threat. It’s much easier for the federal government to lock trans people out of the process than to take back the documents it's already issued. “If you change your name in the future, they can’t relitigate your gender on a renewal application,” Askini says. If the government fought you, you’d have better legal standing with an updated marker. You want to be grandfathered in. As of now, your passport should be valid for years and you won’t ever have to update or reaffirm your gender with Social Security again.

Even if the federal government cracks down on legal recognition for trans people, you could still change your name later; however you were born, there’s nothing illegal about having a girly or boyish name. They’d have to crack down on Glenn Close, Lindsey Buckingham, and maybe all the Taylors, Averys and Baileys in the United States. It’s also the most expensive part of the process. If you don’t have money to spare it can wait for now. You’re also not changing your name or correcting your birth certificate with the federal government, you’re engaging with the state you live in, and the one you were born in. 

Depending on where that is, or was, you could face problems. We’ll be back with more on that next week. Point is, we know what we can do today. Go with certainty.

Updating Your Gender Marker With Social Security

Your Social Security card doesn’t have a gender maker, but the Social Security Administration keeps one on record for every American. Changing this designation to male or female is pretty easy, but unlike passports and some state ID’s, there is currently no “X” option for non-binary people, and we’re sad to say there probably won’t be anytime soon.

For now, SSA maintains a policy of “Self-Attestation” of gender. The administration does not require applicants to submit a doctor’s letter, or any medical documentation, to prove they’re trans, a major headache in the past. Additionally, this can be the very first document you change. The gender you select on your application does not need to match any of your existing IDs. Changing this marker is free, and will prevent SSA from possibly sending “mismatch” letters to your employer, outing you as trans if your workplace has a different marker or file. This used to happen all the time. 

To apply, fill out Form SSA-5, a generic form for replacing or correcting Social Security Cards, and assemble proof of your identity and citizenship or immigration status. The SSA only accepts original documents or notarized copies from the agency that issued them. Don’t send SSA scanned photocopies.

Here’s what you’ll need:

• For proof of identity, SSA accepts current (unexpired) driver’s licenses from any US state, state-issued IDs, or US passports. If you don’t have one of these three documents, and can’t replace them within 10 days, SSA will ask to see employee ID card, a school ID, a health insurance card (not medicare), or a US military ID.

• For proof of citizenship, SSA accepts US birth certificates and US passports if you were born in the US. 

• If you were born outside the US and have become a US citizen, SSA wants your US passport, your Certificate of Naturalization (N-550/N-N-570), Certificate of Citizenship Certification of Report of Birth (DS-1350), Consular Report of Birth Abroad (FS-240), aka CRBA.

SSA requires different documents from immigrants and foreign students:

• If you are not a US citizen, you must show SSA your current U.S. immigration document, such as Form I-551 (Lawful Permanent Resident Card, Machine Readable Immigrant Visa) with your unexpired foreign passport. I-94 (Arrival/Departure Record) or admission stamp in the unexpired foreign passport.

• If you’re an F-1 or M-1 student, show SSA your I-20 (Certificate of Eligibility for Nonimmigrant Student Status).

• J-1 and J-2 exchange visitors should show SSA your DS-2019 (Certificate of Eligibility for Nonimmigrant Student Status).

You can mail your application and supporting documents to your local Social Security Office or local Security Card Center (here’s a locator tool, but for Seattle residents it’s Suite 901 at 915 2nd Ave.), or apply in person. SSA will return any documents you send.

If applying in person, we’d recommend making an appointment. You technically don’t need one, but might waste the day waiting, or staff may ask you to come back if they can’t help you by the end of the day. According to SSA’s website, its offices are busiest Mondays, the morning after a Federal holiday, and the first week of the month.

To make an appointment, call 1-800-772-1213. Press zero and say “agent” to skip the robot-assistant. The wait was 100 minutes last time I called, but you don’t have to sit on hold. Request the next available agent to call you. Tell them you want to change your sex identification when they do.

You should be able to change the gender marker on the day of your appointment. If an employee says they need a doctor’s letter from you, they’re mistaken, and you can politely show them the current policy on their website. This process may change after Trump takes office.

Updating The Gender Marker on Your Passport, Or Getting One For the First Time

In 2021, the US Department of State announced that passport applicants could attest to their gender as M or F, just like they can when updating their sex designation with the Social Security Administration. You do not need a court order to prove or change your gender, but you do need one to change your name.

The State Department added a non-binary “X” option in 2022. Keep in mind that some countries do not accept X gender-markers, and could deny you entry. Our neighbors Mexico and Canada issue and accept X gender markers. Consult the foreign embassy or US Consulate before traveling.

If cost is a barrier, and you want a passport that can fit in a wallet, Danni Askini, Executive Director of Gender Justice League, suggests that trans people opt for a passport card, rather than the traditional book. Passport cards are $100 cheaper. But keep in mind: they’re only valid for domestic flights, as well as land and sea journeys to Canada, Mexico, Bermuda and the Caribbean.

The procedure to update your passport has changed over the years so there’s plenty of outdated information floating around the internet. 

You may have read that you can’t update your gender marker or name by mail (you can) or should only use Form DS-11 (not true), even if you’re an adult updating a passport. (The process is different for minors.)

But according to the State Department, you can’t change the gender on your passport online. The system was only launched in September, and doesn’t yet allow for changes in biographical data, according to a spokesperson from the Department. Fortunately applying by mail is fine, but confirm you meet all the requirements. 

Seattle’s local passport office does not accept walk-ins and only takes in person appointments with applicants who have urgent travel plans. You can also drop off these forms at a passport acceptance facility, searchable by zip code. Generally, they include courts and US post offices, but do check to avoid wasting time.

If you’re applying for a passport for the first time, apply with form DS-11. Here’s a link to the State Department’s form filler, and a .pdf if you prefer to fill out your application by hand. If you do, read carefully. Note that the form filler is not an online application. You still have to print out and submit the completed form. First time passport applicants must apply in person.

Bring these documents:

• Proof of US citizenship in the form of a birth certificate, a Consular Report of Birth Abroad or certification of birth, a Certificate of Naturalization, a Certificate of Citizenship, or a full validity, undamaged passport issued to you as a child under 16 (valid for 5 years), or an adult passport (valid for 10 years). If you don’t have any of these, here’s more information. 

• You will also submit black and white single-sided photocopies on 8.5 inch by 11 inch paper. The State Department will send back the originals and keep the copies for their records.

• Note that the form instructs the reader to staple the photo to it, but actually, you’re not supposed to staple the photo to the form. The acceptance agent or passport employee will review the photo and staple it for you.

If you need to update your passport, apply with form DS-82. Here’s a link to the State Department’s form filler, and a .pdf if you prefer to fill out your application by hand. If you do, read carefully. Note that the form filler is not an online application. You still have to print out and submit the completed form. 

You’ll need to mail in your current passport with your application materials. Make sure it’s undamaged (normal wear and tear is okay), it’s never been reported lost or stolen, and was both issued within the last 15 years and after you turned 16. If the State Department issued your last passport more than 15 years ago, apply as if it’s the first time with Form DS-11 (see above).

• If you’re also changing your name, send the State Department a certified copy of your court order, not a photocopy.

• Send your application via the Postal Service. I’m sure good Americans like you prefer our public institutions anyway, but also, it’s your only option. UPS, FedEx, DHL, and other private companies cannot deliver to the PO boxes at the National Passport Information Center in Philadelphia.

Both new applicants and passport renewners must submit a 2 inch by 2 inch color photo. 

You can get your photo taken professionally at a CVS, Walgreens, UPS Store and the like, or have a friend take a photo at home. You don’t need a professional rig, just a camera with a resolution of 5 megapixels or higher. This includes every iPhone since the iPhone 4, this Samsung G800 slider (Is it a camera? Is it a phone?) from 2007, and all the $30 modern Tracfones I could find in five minutes. So probably your phone, but do check. 

The State Department posted a photo sizing tool here and photo guidelines here, but to summarize:

• No selfies

• Neutral white, or off-white, textureless background

• Neutral expression, head centered

• Directly facing the camera, no poses or flattering quarter-turn

• Well-lit, no dramatic shadows

• No glasses

• No headwear, except for religious purposes, but ensure your face and eyes are clearly visible.

Read all the tips yourself on the State Department website to avoid goofing up. (While you’re there, check the hilarious “acceptable” expressions for children. Just don’t replicate them.) 

Bad ID photos are haunting. Carrying around a terrible photo of yourself to show bartenders and government officials sucks. But a dead-eyed, unflattering photo is better than bending the rules for vanity or speed.

We hate that we have to say this, but the photo does have to be real. Insanely, there are several apps that use AI to turn your “favorite selfie” into a passport photo, while others can edit out backgrounds and touch you up.

Do not, do not, not, and I can’t emphasize this enough, use them. Do not edit or alter the photo you submit for a federal document in any way. The Department is clear that filters, phone apps, computer software, and artificial intelligence are “unacceptable.”

Expedited Service and Payment

If you’re anxious to get your new passport, or need the original copies of your identifying documents quickly, you can pay $60 extra to expedite the process. If you do, make sure to send it to the correct PO Box for expedited service as noted on the form. The State Department has broken annual US passport processing records three fiscal years in a row, but a spokesperson confirmed wait times are the same. Routine processing takes between 4 to 6 weeks, while expedited passports should arrive in 2 to 3 weeks. 

Before you slip your check inside the envelope, double check you’re paying the right amount for services rendered. The form filler linked above calculates this for you.

Updating The Gender Marker on Your State ID

Why stop when you’re having so much fun 😐? Washington is unlikely to change this process anytime soon, but this step is easy and free, unless you’re also updating your name and address, or renewing your license.

The Washington Department of Licensing handles state identification cards and driver’s licenses. You can change both standard and enhanced versions in person or through the mail. You can’t change your name with WA DOL until you change it with the Social Security Administration.

To request a change to a standard ID in person, make an appointment at your local driver licensing office. There’s quite a few. Bring your current license or state ID card and verbally confirm your gender.

To request a change to enhanced ID in person, you’ll also make an appointment at your local driver licensing office. Bring your current license or ID and a completed change of gender designation request form (DOL also provides this form in Russian, Spanish and Vietnamese).

To request a change to a standard or enhanced ID by mail, complete a change of gender designation request form and send it to the address on the form. After processing the form, DOL will send you a letter to get a new card. To get that new card online create an account or log in to License eXpress. (You can also make an appointment in person, but that sort of defeats the purpose of doing this remotely, doesn’t it?)

If you’re changing your name and gender, you’ve gotta go in person. Make an appointment online, bring a standalone or “A-list” document with your new name on it, or a certified court order for your name change. Prepare to smile for the camera. 

Changing the name on your license does not automatically change the name on your car (or boat) registration. 

I don’t know how many of my (hopefully) new trans friends with a boat read The Stranger, but drivers will need to complete this vehicle title application and provide their court order, or this completed affidavit certified at a vehicle licensing office notarized by a notary public. Honestly, the court order is easier, especially if you have certified copies, which you should.

Submit these documents and cash, or a check, or a money order (if you’re traveling from 1889) to any vehicle licensing office or Quick Title office in person or by mail.

There’s More to Do, But Don’t Despair

We’ll be back next week with a guide to change your name and birth certificate, even if you were born out of state, as well as what we do and don’t know about updating gender markers on immigration documents.

We’ll keep this guide as up to date as possible. But if we miss a change to law or policy, or something’s not working that should, please contact us. We’ll check it out.

Correction: A previous version of this article said that the QLaw Q&A was happening in Edmunds. It's happening in Seattle, at Southside Commons. It will still be streamed live on YouTube.