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 transequality.org which collects information on legal documents.

Wisconsin

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.

Federal

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.

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