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Preparing for Inauguration Day: Identity Documents for Trans People

With Inauguration Day around the corner, transgender, gender-nonconforming and nonbinary people (TGNCNB) might be wondering what they should do before Donald Trump takes office again. We’ve put together a checklist of steps to take to help the TGNCNB community prepare before January 20, 2025.

Note: This page will be regularly updated with new, actionable items for TGNCNB people and other areas of concern for LGBTQ+ people and everyone living with HIV.

Securing accurate identity documents 

Things to know. 

The incoming Trump administration might change current gender marker options for U.S. passports. This might include making it more difficult to change the marker and ending the option to choose an “X” marker instead of “M” or “F.” The new administration also might direct the Social Security Administration and other federal agencies to take similar steps. 

Meanwhile, some states have been restricting or ending the opportunity to update the gender marker and/or making it harder to change one’s name on state-issued identification such as driver’s licenses, birth certificates, and other vital records. And in some states, officials have been seeking records they believe will reveal the identities of transgender people who are accessing medical care or otherwise acting in ways of which those officials disapprove. This means it is important to consider where you live and, when you can, to get legal advice specific to your situation before starting name and/or gender marker changes. You can start by reviewing the detailed information about federal and state identity documents offered by Advocates for Trans Equality and Trans Lifeline. 

Actions to consider. 

Passports. Check whether your passport is up to date with your correct name and other details, and whether it is due to expire soon. If you have children, check whether they have passports with accurate names and details. If you are raising children with your spouse or domestic partner, check that your children have passports identifying both of you as parents and with accurate names and details. Depending on your situation, it might be a wise idea to request updated passport(s) on an expedited basis.   

Social Security, immigration records, selective service, and other federal records. As with passports, it is wise to get legal advice about your own situation before starting name or gender marker change processes for your federal documents and records.  

State ID documents. The processes vary state-to-state for obtaining a legal name change and for updating one’s gender marker on state identity documents such as one’s birth certificate and driver’s license or state ID card. Detailed state-by-state information and relevant forms are available from Advocates for Trans Equality and from Trans Lifeline. After reviewing the information relevant to your situation (such as your state of residence or birth), consider contacting Lambda Legal’s Help Desk for additional information about issues to consider and/or to request contact information for attorneys in your area.  

The bottom line 

Things to know. 

Many attorneys who specialize in helping LGBTQ+ people are extra busy now that members of our community are responding with concern about the election results. And in some parts of the country, there are fewer attorneys available with this specialized expertise. If there are actions you should take, do so sooner rather than later.  

Actions to consider. 

Contact Lambda Legal’s Help Desk for additional information about your situation. The Help Desk does not give legal advice but usually has helpful information, can assist you to understand information you find online, and might have contact information for lawyers in your area with expertise relevant to your needs.  

The National LGBTQ+ Bar also might be able to provide contact information for LGBTQ+-friendly lawyers in your area or for a local bar association that provides attorney referrals.  

If you are in crisis. 

Lambda Legal’s Help Desk is not able to assist with emergencies or immediate requests for legal assistance. Please contact a crisis hotline or any legal service provider that is equipped to provide emergency assistance. Here is contact information for several of our partner organizations. Keep in mind these lines are not branches of Lambda Legal and are instead resources for crisis intervention. 

Don’t let anxiety or confusion cause you to put off taking steps to protect yourself and your loved ones. 


Last updated December 20, 2024.