Ohio BMV abruptly creates new obstacle to change a sex marker on driver’s licenses, IDs

The Ohio Bureau of Motor Vehicles (BMV) has confirmed that individuals now must submit an amended birth certificate issued by the Ohio Department of Health in order to change the sex marker on their driver’s license, identification card or driving record. 

Previously, Ohioans were able to complete a “Declaration of Gender” form that allowed an individual “under the guidance and direction of a qualified and licensed professional, to change their gender designation.”

This new BMV policy does not affect name changes. 

LGBTQ+ advocates noticed this week that the gender-change form was abruptly removed from the BMV’s website without an announcement of policy change.

“No notice was given,” TransOhio posted on social media on Tuesday. 

The Buckeye Flame reached out to several Ohio state representatives on Tuesday, who had no knowledge of the change, including a member of the House Transportation Committee. 

In an email to The Buckeye Flame on Wednesday, Lindsey Bohrer, Assistant Director of Communications for the Ohio Department of Public Safety and the BMV, confirmed the change: “The BMV has determined that [the Declaration of Gender Change form] is not compatible with Ohio Revised Code Sec. 9.05.” 

This part of Ohio law is the language that states that “ it is the policy of the state of Ohio to recognize two sexes, male and female.” 

This policy language was passed by the Ohio legislature in June 2025 as part of the state budget and cribs from an executive order signed by President Donald Trump on the first day of his second term. The language further states that “these sexes are not changeable and are grounded in fundamental and incontrovertible reality.”

In a press release sent on Tuesday, Equality Ohio highlighted that transgender Ohioans have used the previous form for years and that the new rules requiring a birth certificate means that individuals will have to identify a county where birth certificate gender marker corrections are issued, a practice that not every county is required to do. 

TransOhio posted that Athens, Cuyahoga, Delaware, Franklin, Hamilton, Lorain, Lucas, Portage, and Summit Counties are “friendly,” meaning their probate courts are more likely to process an amended birth certificate. 

Advocates denounced the BMV’s new requirement.

“Changing a policy this consequential overnight, without warning or transparency, is not an accident — it is a choice,” said Dwayne Steward, executive director of Equality Ohio. “It is a deliberate attempt at voter suppression and an intentional decision to make life harder for transgender Ohioans while hoping no one notices until it is too late. We noticed. We are paying attention. And we will not stop fighting until every Ohioan has true lived and legal equality.”

TransOhio encouraged individuals to go through one of their Ohio Name Change Legal Clinics to learn more about their options. 

Equality Ohio advised that qualifying Ohioans fill out an intake form for legal advice through their Legal Clinic. 

“Despite the BMV’s arbitrary and unfair changes, our commitment to serving LGBTQ+ Ohioans is unwavering,” said Kate Mozynski, Director of Legal Advocacy at Equality Ohio. “Our legal clinic is always here as a resource. We will continue to stand beside our transgender siblings and provide the advocacy and legal services they deserve, no matter what.” 🔥