INDIANAPOLIS (AP) -
Indiana’s attorney general is stalling a measure that would allow people to
change their gender on driver’s licenses and IDs, according to the state’s
Bureau of Motor Vehicles.
The bureau proposed
a rule that would require either a birth certificate or a special state
Department of Health form to change gender on licenses and IDs. It was
slated to become effective in October.
General Curtis Hill last week declined to sign off on the rule because the
public wasn’t notified sufficiently, BMV spokeswoman Susan Guyer told The
In March, the BMV
began offering Indiana residents who don’t identify as male or female the
option of describing their gender as nonbinary on their driver’s licenses
and state IDs. Those people must provide documentation that proves a
permanent gender change, such as an amended birth certificate or a signed
legislators took umbrage at the administrative change and tried to legislate
that only amended birth certificates could be accepted, but the bill was
shelved later that month.
The new stalled
rule would require applicants to have the state health department, not the
BMV, sign off on an individual’s attempt to be recognized on their driver’s
license or state ID as anything other than their gender at birth.
“The BMV is not in
the medical field,” BMV Commissioner Peter Lacy said. “It makes more sense
that the doctor’s note be a state department of health form and that the
state department of health would administer the physician portion.”
department form is similar to the existing BMV form, state Health
Commissioner Dr. Kristina Box said.
“They have to have
an MD or DO attest to the fact that they’ve undergone transition. They
basically have had medical treatment in order to transition and that can be
a whole gamut,” Box said. “To some people that’s counseling, and to some
people that’s surgery. That’s between a physician and the patient to
Hill’s office said
in a statement that he reviews proposed rules for form and legality.
made by our office regarding such rules is based on those factors rather
than specific subject matter,” the statement said. “The Office of the
Attorney General is duty-bound and prepared to work with state agencies to
ensure the requirements of the rulemaking statutes are followed.”
The proposed rule
doesn’t sit well with conservatives.
“What if a person
floats between genders and may appear male one month or female another?”
said Micah Clark, executive director of the American Family Association of
Indiana. “I think their official ID should reveal their true biology from
birth, not their mental beliefs.”
People can “appear
as they choose” and live freely, but their “true biological identity from
birth,” is necessary on a driver’s license to ensure its credibility, she