The Scholar: St. Mary's Law Review on Race and Social Justice


Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.

First, this comment traces the history of the recognition of transgender people and transgender rights in the United States through a legal lens. Then, this comment turns to the history of legal gender corrections for transgender people in Texas. This comment then moves to explaining how the rights of transgender people are implicated by the denial of legal gender corrections. This comment explains why the Model State Vital Statistics Act is not the best solution for transgender Texans. Finally, this comment explores possible solutions, including modeling a Texas gender correction law on laws from other jurisdictions such as Argentina, Denmark, Netherlands, Vermont, and California. Additionally, this comment advocates for a comprehensive solution including enforcing existing laws that purport to protect transgender people from discrimination and enacting laws that ensure access to gender affirming healthcare.

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The Scholar: St. Mary's Law Review on Race and Social Justice

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St. Mary's University School of Law