ACLU of Tennessee files petition to challenge state rule about sex designations on driver licenses
In 2023, Tennessee passed a bill defining 'sex' as anatomy at birth. Additionally, last year a federal appeals court ruled that there is no fundamental right to change sex on a birth certificate. In Tennessee, all identifying documentation—including driver licenses—must match; all transgender Tennesseans change the marker on their identifying documents if it does not match their birth certificate.
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The ACLU-TN originally filed a petition to challenge the state's driver license rule in April 2024 on behalf of 'Jane Doe,' whose identity has been withheld due to safety concerns. The Tennessee Department of Safety and Homeland Security—one of the defendants in the case—did not issue accurate identification documents, according to the ACLU, and caused her significant harm.
Chrissy Miller later joined the case as a plaintiff. ACLU-TN said that while Miller was successfully able to change the sex designation on her driver's license, the state department told her that she has to surrender it or face losing driving privileges. Last September, the court ordered the Tennessee Department of Safety and Homeland Security to evaluate its actions and determine whether the agency stood by them.
A hearing was held in January, and the Department affirmed its actions; the plaintiffs then asked the Department to stop enforcing the rule while the court heard arguments in the case. The department reportedly refused, resulting in a new court filing Monday.
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'All people deserve the freedom to live their lives safely and with dignity,' ACLU-TN Senior Attorney Lucas Cameron-Vaughn said in a press release. 'Our clients need accurate identification documents in order to travel for work and family, to vote, and to engage in everyday life like everyone else. Forcing them to carry identification that contradicts who they are—or else withholding that identification altogether—is cruel, unfair and unlawful.'
A spokesperson for the Tennessee Department of Safety and Homeland Security said the agency does not comment on pending litigation.
If you have been prevented from getting a driver license with an accurate gender marker, you can contact the ACLU-TN here.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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