Texas AG Paxton Moves to Void Transgender ID and Birth Certificate Changes

In a letter to Colonel Freeman F. Martin, Director of the Texas Department of Public Safety (DPS), Texas Attorney General Ken Paxton issued a legal opinion stating that transgender individuals cannot legally change the sex marker on their driver’s licenses or birth certificates. The opinion, released on March 14, 2025, directs DPS and other state agencies to “immediately correct” any previously altered documents that do not align with an individual’s sex assigned at birth. [download the full letter here]

Paxton’s directive follows a growing trend of restrictions in Texas aimed at limiting transgender rights, particularly concerning official documents and public recognition of gender identity.

Paxton’s Justification and Legal Claims

In the opinion, Paxton wrote that state law does not allow gender marker changes and that court orders granting such updates are invalid. His directive further instructs DPS and the Texas Department of State Health Services (DSHS) to stop processing any future requests for sex marker changes on state-issued identification documents.

“State district courts do not have the authority to direct government agencies to change the sex on government-issued identification documents such as driver’s licenses, birth certificates, and ID cards to something inconsistent with a person’s biology,” the opinion states.

Paxton further justified his stance by claiming that sex is determined solely by biological factors at birth, writing, “There are only two sexes, and that is determined not by feelings or ‘gender theory’ but by biology at conception.”

Paxton’s legal opinion is not a law, but such directives carry significant influence over how state agencies operate and are often used to justify policy changes.

Texas’ Escalating Crackdown on Transgender Rights

The directive formalizes a policy that Texas agencies had already been quietly enforcing for several months. In August, 2024, DPS stopped accepting court orders and amended birth certificates for gender marker changes, restricting updates to clerical corrections only, and that September, the DSHS implemented a policy preventing transgender Texans from updating their birth certificates.

Now, Paxton’s formal opinion cements these policies into official state guidance and could lead to further limitations on transgender Texans’ rights.

Impact on Trans Texans

LGBTQ advocacy organizations warn that the inability to obtain accurate identification could lead to widespread discrimination.

According to a 2022 study by the National Center for Transgender Equality, nearly one-third of transgender individuals whose gender markers do not match their presentation experience harassment, denial of services, or even physical assault when asked to show identification.

Legal experts say that this move could have serious consequences in areas such as: 

• Employment: Employers routinely request government-issued IDs during hiring. A mismatch between appearance and ID documentation can result in discrimination.
• Healthcare: Many hospitals and insurance providers require identification to access gender-specific care.
• Travel: The Transportation Security Administration (TSA) and state agencies may flag IDs that do not match an individual’s gender expression.

Are Attorney General Opinions Legally Binding?

While Paxton’s legal opinion is not law, it will likely shape how Texas agencies enforce policies regarding transgender individuals’ identification documents.

Previous attorney general opinions in Texas have led to sweeping policy changes, and state agencies often follow such directives unless courts intervene.

The Community Reacts

In response to Paxton’s opinion, Trans Legal Aid Clinic Texas board chair and lead attorney Pete Makopoulos-Senftleber said, “The latest non-binding ‘opinion’ in Ken Paxton’s unlawful and taxpayer fund-wasting cruelty campaign is more of the same—scare tactics to try to force trans people back into the closet or out of existence. We’re not going back into the closet and we will continue to exist. Trans Texans’ fears and feelings are valid, and at the same time we will fight these baseless attacks with education and empowerment.”

The Texas House LGBTQ Caucus issued the following statement: “Gender markers that match a person’s gender identity on their identifying documents are critical for everyday life. This will impact people’s access to housing, banking, transportation, and other everyday activities critical to survival. This opinion is the latest in a series of hate-based attacks on transgender Texans. It is a blatant attempt to push trans folks into the shadows and will have sweeping negative impacts on our state for trans and cisgender Texans alike. The Texas House LGBTQ Caucus is working diligently with stakeholders to communicate with our community about the impacts of this opinion.

“To our trans community members, we will never stop fighting for your equitable access and rights. We wholeheartedly condemn these hateful actions and stand alongside every one of you in this fight for equality. An OAG opinion does not erase you. Trans Texans are loved, needed, and deserve to live authentically in our shared home.”

Brad Pritchett, Interim CEO of Equality Texas, added, “Ken Paxton is the lawyer for the state, his job is to interpret law, not to make it. So, it’s important to point out that his opinion is just that—an opinion. But if state agencies follow this directive, it will jeopardize the safety of the nearly 100 thousand trans people in the state.

“The trans community in Texas is scared. Updating a driver’s license takes years of effort and legal expenses. The people going through the process to update their documents are trying to honor the law by having an ID that matches the way they live and move through the world. Now law-abiding Texans are being undermined by the state’s top lawyer attacking the validity of legal court orders from state judges.”

LGBTQ rights organizations expected to challenge the directive. In the past, courts have ruled that transgender Texans have the right to amend their identification documents.

What’s Next for Trans Texans?

For transgender Texans who have already updated their documents, it remains unclear whether DPS or DSHS will attempt to revoke existing gender marker changes.

Paxton’s latest opinion is part of a broader national trend of policies targeting transgender individuals, particularly concerning access to accurate identification.

With legal challenges likely to follow, the future of transgender Texans’ rights to update their documents remains uncertain. However, LGBTQ rights organizations have vowed to fight the directive, setting up another high-stakes battle over transgender rights in Texas.