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The Indiana Bureau of Motor Vehicles is inviting Hoosiers to once again comment on its proposed rule to ban gender marker changes to driver’s licenses and other state-issued IDs after it received forceful opposition at a public hearing this summer.
The proposed rule, which an official with the BMV says has already been filed for approval with the state attorney general’s office, would prevent transgender Hoosiers from changing the gender marker on their state ID to match their gender identity.
The rule falls in line with Indiana Gov. Mike Braun’s executive orders earlier this year that defined terms like “sex” and “gender” to be synonymous.
Although the rule is already up for approval, Greg Dunn, executive director of communications for the BMV, told The Indiana Lawyer that the attorney general’s office has requested the BMV to hold a second public comment period to “hear comment on the matter because substantive comments were received during the first public comment period.”
The BMV first held a public comment period this summer, to which dozens of Hoosiers expressed their concerns about the proposal.
In an announcement posted by the Legislative Services Agency on Oct. 15, the BMV addressed several of those concerns, specifically holding firmly to its understanding that Indiana Bureau of Motor Vehicles v. Simmons, a 2024 Indiana Court of Appeals case, concluded “until the legislature otherwise directs… ‘sex’ is the definition of ‘gender’ and… refers to the division of being either female or male.”
“Including biological or binary sex on a credential is not a denial of gender diversity, but a reflection of practical realities that coexist with personal identity because biological sex and gender identity serve different but equally important functions,” stated the LSA announcement. “The proposed rule is not aimed at discriminating against gender-diverse Hoosiers or denying gender diversity; rather, it is aimed at ensuring the effective and efficient functioning of government systems and processes and maintaining compliance with state and federal laws and regulations.”
Some disagree with the BMV’s conclusion, saying the rule is both discriminatory and “dangerous.”
“In an increasingly hostile climate, mismatched identification can make people targets for harassment, threats, and violence,” said Chris Paulsen, CEO of IYG, formerly Indiana Youth Group, in a statement. “It can also result in barriers to employment, housing, and other services.”
The BMV has now scheduled a second public hearing on the matter, to which Paulsen says Hoosiers will once again make an appearance.
“I assume they hope the public comments during the November (14) hearing will lean more their direction so they can use those comments to push for a change to the rule,” Paulsen said. “It is unfortunate that people will have to take another day off work to show up to comment on the same rule again. This seems like a waste of time for the public but this proposed rule will have negative consequences for everyday citizens so they will show up again to let the BMV know the ramifications.”
The second hearing is scheduled for 9 a.m. Nov. 14 in Indiana Government Center South.
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