Washington, DC, USA. One of the most awkward moments for anyone born with Harry Benjamin Syndrome (HBS fna transsexuality) can occur during transition. It is a time when the HBS men and women are living as their post transition sex but before the legal changes have occurred to drivers’ licenses and identification cards. The old paperwork may reflect a different name name and sex marker than that of the transitioning HBS.  There are, however, things that an HBS can do to mitigate the legal awkwardness that is transition.
 

General Guidelines

 

In general, a request for identification by the police does not, it itself, constitute a Fourth Amendment seizure protected by the United States Constitution.

 

You must show your driver's license and registration when stopped in a car by the police. Other than that, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.  Presenting false identification is a crime.

 

When stopped for questioning, it is not a crime to refuse to answer questions, but refusing to answer may make the police suspicious about you and your recent activities. If you are asked to identify yourself, see paragraph immediately above.

 

For their own safety, police may "pat-down" your clothing if they suspect you may be carrying a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.

 

Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. Obscenity or flight could lead to your arrest.

If you are arrested or taken to a police station, you have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Do not provide explanations, excuses, or stories without your lawyer present. You can make your defense later, in court, based on what you and your lawyer decide is best.

 

Required Identification at Airports

 

All passengers age 18 and older are required to present valid government-issued photo identification (federal, state, or local) (e. g., driver's license or passport).  Real ID will eventually be mandatory.

 

In the absence of government issued photo identification, two forms of identification are required, one of which must be government-issued.  Real ID will eventually supersede this provision.

 

Since September 30, 2007, American citizens flying to Canada have needed a passport. US citizens arriving in Canada by land or water do not need a passport until at least summer 2009.

 

Providing Legal Identification While In Transition

 

Prior to Sex Reassignment Surgery (SRS) and the subsequent changes to your legal documentation (birth records, drivers licenses, social security, etc.), there will come a time during your transition when your real life identity does not agree with your birth record and previous legal paperwork.

 

This is an unavoidable entanglement of transition.  We cannot flip a switch and shut off our old life, then punch a button and suddenly start our fully formed new one.  Each and every one of us must go through TRANSITION.

 

Anticipate that you WILL be asked to provide legal identification when your legal I.D. does NOT agree with your identity during transition (and at some point it probably won’t).  Be ready.  Be honest.  Do not lie about who you are.  Never show a false I.D.

 

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