User ID:
Make Sure It is Really You

Carolyn Woodward

I'm in California, and the favored ID is the California Drivers License. You are allowed to have them one at a time. Any license which is not your one and only license issued by the State is a false ID. It is a misdemeanor (a less serious crime, only punishable by up to 1 year in the county jail, $1,000 fine, or both) to possess one, whether you had it made on the black market, or got the DMV (Department of Motor Vehicles) to issue you two. Issue two of them? Yes, it is possible, and I'm even going to tell you how, in order to illustrate the steps in the process which will get you into trouble - deep trouble.

California basically doesn't care what name you use. The state follows common law and will let you use any name you want as long as you don't intend to defraud anyone, or impersonate someone else. If you want a drivers license, or state ID, in your femme identity simply get dolled up, go to the DMV, fill out the change of name form, turn it in - along with your male license or ID, and have your picture taken - smile! In a few weeks you will have a brand new drivers license with your femme photo and name there for all the world to see. It will still have the "M" in the sex block unless your doctor says it should say "F" but if you are that far along, you should probably be transititioning, and not worrying about your soon to be extinct male identity.

Now, what you've done is to get a femme ID, and it is perfectly legal. But, you say, you mostly live as a man, and that driver's license is going to be a real pain. Well, yes it is. You can always change your mind, turn it in and get your male name back on it. But you really don't want to turn it in. So, you tuck in into your femme wallet, go to DMV with no license on your person, fill out the forms again - this time changing your name back to Ralph (or whatever), and also filling out that little form that says, "Oops, my license got lost/stolen/eaten by the dog/(your favorite excuse here)" and you can't turn it in. This is where you get in trouble. You fill out the form stating you lost the license under penalty of perjury. You lied, and committed perjury. That's good for 2, 3 or 4 years in the state prison, depending on your record in California. (Your mileage may vary from state to state, but they all punish perjury.) Of course, you may get lucky, and only get busted for presenting false official documents (DMV documents qualify), which is only good of 1.5, 2 or 3 years in the state prison. What are your chances of getting busted? Very good! People lose licenses all the time, but don't usually replace them with one bearing a name changed from female to male, with matching appearances. It is an old ploy, don't use it.

In fact, don't use any form of false ID as it simply is not worth the consequences - in any state. If you live mostly as a female, get and use the appropriate ID. If you live mostly as a male, use the male ID. If you show it while cross-dressed, most people won't care. If you are writing the check, the merchant wants to make the sale. If you get pulled over, you had better give the cop your legitimate ID. He won't care either. Unless he's very green, he's seen it all before. If you have to have a matching ID, then compromise. Change both your names to a gender neutral name, style your male hair and put on just enough make-up to get an androgynous look, THEN go get your license changed. Then you have an all-purpose ID which you can show with confidence, and no risk of getting on the wrong side of the law.

(Carolyn Woodward is an attorney practicing in California.)