From opening a bank account to getting on a plane to picking up a prescription, everyone needs an accurate ID just to successfully negotiate daily life. For transgender people, and particularly transgender people of color, the stakes of not having an accurate ID are dangerously higher than for most others. Mundane events of daily life can suddenly transform into a violent confrontation for a transgender person when their transgender status is discovered due to handing over an ID that doesn't accurately reflect who they are.
Just a few months ago, a black transgender woman, Meagan Taylor, was simply trying to check into a hotel in Iowa when staff called the police on her after seeing the gender marker on her ID. A campaign rose up advocating for Taylor, but most cases of discrimination don't make national headlines or garner such incredible support.
Taylor's story is depressingly common for transgender people. According to the National Trans Discrimination Survey, only 21 percent of trans people have updated all of their documents. The number is unsurprising when you consider the many and significant barriers transgender people face in updating their IDs, starting with the legal name change.
To get an accurate ID, everyone needs to get a name change through a court order. The state of California has some of the most progressive laws in the country for supporting transgender people who need to change their legal name and gender. Still, there is a cost: a name change fee for a court order can be as high as $450. This is a steep cost for many, particularly considering the high rate of un- and underemployment our community faces.
Fortunately, California has a relatively straightforward fee waiver program to support people who need to change their name but struggle with the high cost. People who receive any kind of public benefits �" for example, Medi-Cal or Cal Fresh, as well as individuals who can show that they cannot afford to pay for their basic needs (such as food and rent) AND pay the full court fees �" are eligible for a fee waiver, which exempts them from paying the fee associated with a name change.
The process for applying for a fee waiver can be daunting, so we've broken it down a little to help folks navigate the process.
The first step is to fill out the fee waiver forms (the forms are called FW-001 and FW-003), which are available here, along with several other forms that might be needed in the process. If a person is low-income, but not receiving public benefits, it is important that they accurately list any sources of financial support on the forms. It should be clear to the court what expenses a person has and how they are able to pay for those expenses currently.
Anyone who feels like the numbers listed on the form alone may not paint a clear picture for the court for how they currently support their daily needs and/or why they cannot afford some or all of the filing fees may want to check the box on the lower left hand corner of page 2 of FW-001, next to "Check here if you attach another page." The written explanation of a person's financial circumstances can either be just an attached sheet of paper or can be written on form MC-025.
Once someone has filled out and signed both forms, the next step is to file them at the county's superior court.
The clerk should approve the fee waiver and assign a court date for your name change hearing. If the clerk has questions about your eligibility, they might schedule a separate hearing for you to bring evidence of your financial situation. If the clerk denies your fee waiver application, you have 10 days to petition the court to request a hearing by submitting two new forms, FW-006 and FW-007. The court will process the new forms and then provide information about the date and time of your fee waiver hearing.
Once the legal name change is complete, the process of amending documents can begin. Our resource ID Please supports people in changing their name and in the next steps of updating social security, passports, or any of the other documents that help transgender people navigate the world as their authentic selves.
Danny Kirchoff is the helpline manager at the Transgender Law Center. For more information, visit www.transgenderlawcenter.org.