Improving Access to Legal Gender Affirmation for Transgender Women Involved in the Criminal–Legal System

Abstract

Transgender women of color experience interlocking systems of oppression rooted in racism and transphobia, which fuel economic vulnerability and overrepresentation in the criminal–legal system. Legal gender affirmation, which refers to changing one’s name and gender marker on official documents, has the potential to mitigate these issues by improving access to employment, housing, education, health care, and social services. These services are particularly important for transgender women of color with criminal records, a history of incarceration, or other legal infractions; however, 23 states have policies that restrict access to legal gender affirmation for these individuals. Alongside eliminating restrictive policies to obtain legal gender affirmation, medical–legal partnerships in these states may address recidivism and health inequities among transgender women of color.