Transgender Voter Disenfranchisement

It is an unsettling time to be a transgender person in the United States. With increasing anti-trans sentiments stewing in state legislatures, electing supportive representatives is vital for the health and safety of the transgender community. However, voter ID requirements present unique barriers to transgender voters.

In 2022, the Williams Institute estimated that 203,700 transgender Americans don’t have IDs with an up-to-date name and/or gender marker. This can be problematic for those voting in the 35 states that have voter ID requirements. If an outdated name or gender marker on a voter's ID does not match the poll worker’s perception of their gender, transgender voters risk facing harassment and disenfranchisement.

Obtaining an updated ID is not easy. It requires time, money, and knowledge of the legal process, with specific requirements varying by state. 

In nine states, individuals are required to provide proof of gender-affirming surgery to legally change their gender. Not all transgender people want to undergo such procedures. Even those who desire a medical transition may not have access to it, as these procedures can cost thousands of dollars, require significant recovery time, and often have months- to years-long waitlists. Requiring these procedures for an affirming ID is unnecessary and discriminatory.

According to VOTERIDES, 30% of transgender voters have experienced “verbal harassment” due to outdated IDs. A CNN article from 2020 reported the stories of two transgender voters who were subjected to targeted questioning because their legal names and sex didn’t match their gender presentation. Given that both individuals were nearly prevented from voting, the potential for disenfranchisement of transgender voters is clear. 

Anxiety about voting with an outdated ID can cause further disenfranchisement. Presenting an ID with an old name and biological sex—and being forced to explain and justify their identity—is a vulnerable situation for transgender people. The potential of discrimination or ridicule can deter them from showing up at the polls.

Now is an especially vital time for transgender voters to exercise their right to vote in the United States. As of March 4th, 504 anti-trans bills have been introduced at the state and federal level this year. Former President Donald Trump has declared his intention to ban all gender-affirming care for minors in all 50 states and punish doctors and hospitals providing this life-saving treatment if re-elected in November. This legislative agenda has provoked a rise in anti-trans sentiments and violence. Now, more than ever, it is crucial that transgender people show up to the polls to defend their rights.

The potential disenfranchisement of transgender voters can be remedied by reexamining voter ID requirements, which also harm Black, Indigenous, and low-income communities. Furthermore, states must make it easier for transgender people to obtain an ID that matches their gender identity. In Maine, it is free to change your sex marker to non-binary. Other states could follow this lead by removing cost barriers to any sex or name change for transgender people. States also should not require proof of a medical transition. Accessibility to legal name and sex changes goes beyond voting—it is a basic human right.

For now, there are other actions transgender voters can take to protect themselves. If they cannot vote early or by mail, transgender voters should familiarize themselves with voting rights, carry additional identification, and bring a friend as backup. Remember: it is illegal for a poll worker to deny a registered individual’s right to vote. If necessary, voters can request a provisional ballot, contact a lawyer, or call the Election Protection Helpline (866-OUR-VOTE).