Law & Policy

This is a collection of laws and policies that pertain to trans, non-binary, and gender non-conforming people. This includes both discrimination law and legal gatekeeping.

The following is not legal advice. If you need immediate help with legal issues, please contact a qualified lawyer.

Information from the wonderful which collects information on legal documents.

Protest, legal observers, and know your rights:

National Lawyers Guild – Mass Defense Resources | Request a Legal Observer

ACLU Know Your Rights | LGBTQ Rights | Protestors’ Rights | Sex Discrimination

Trans Law:

Trans Law Help Wisconsin 
A legal aid clinic staffed by volunteer attorneys providing assistance to the transgender community by helping individuals obtain corrected identity documents (birth certificates, driver’s licenses, passports, etc.) reflecting their authentic name and gender. 

Transgender Law Center 
The largest national trans-led organization advocating for a world in which all people are free to define themselves and their futures.


Workplace Discrimination – The Supreme Court (2020) decided that discrimination by gender identity qualifies as sex discrimination under Article VII of the 1967 Civil Rights Act. However, gender identity and expression are not included in workplace discrimination protections at the state level. 111.31-111.395 Wisconsin Fair Employment

Hate Crime – Gender identity and expression are not included in WI hate crime law 939.695(1)(b)

Trans Panic Defense – is legal in Wisconsin. Defendants can use the “panic of discovering that one is transgender” as an excuse for crimes like murder.

Birth Certificate – Requires a court-ordered “name and sex change” 69.15(1a)

Driver’s License – Requires doctor confirmation of “appropriate treatment” for gender change or other gender “proof”. More info here.


Social Security Administration – Name and gender change require “proof” more information here: Name Change | Gender Change

US Passport* – “Proof” of gender is no longer required, and the third “X” gender option is now available. More info here: Selecting your Gender Marker – State Department
* This is not a law but an executive policy, it can and HAS changed with a change of US President.