No way will TSA do a secondary inspection and get accused of ‘traveler suppression’.
Via Fox News:
Oregon followed the District of Columbia’s lead this week in starting to offer gender-neutral licenses — but whether the “non-binary” IDs will pass muster with the Transportation Security Administration is up in the air.
The TSA for years has been tightening ID standards as part of a post-9/11 security push.
Asked about the changes in Oregon and D.C., TSA assistant press secretary Michelle Negron acknowledged policies allowing residents to list a gender other than male or female are “relatively new.”
“We’re working to develop guidance,” she told Fox News. In the meantime, she said they do not anticipate changes to screening procedures. She said officers will remain “focused on ensuring that the ID presented is not fraudulent and that the traveler matches the photo on the ID and name on boarding pass.”
TSA right now is focused on getting states into compliance with the REAL ID Act, a 2005 law setting minimum standards for state-issued licenses and identification cards that can be used to access federal agencies and airports. On Jan. 22, 2018, the TSA will no longer accept any ID that does not meet those standards.
Oregon officials are confident those who choose not to identify their gender will not have problems flying.
“At this point, we don’t expect any travel issues, but this is new territory for the whole country,” said David House, Oregon DMV spokesman.
D.C. Councilmember Brianne K. Nadeau consulted with the National Center for Transgender Equality when drafting her bill, with the express purpose of ensuring compliance with REAL ID.
But Judicial Watch, a conservative public interest law group, argues federal law under REAL ID “specifically requires gender” be listed on any identification documents, in turn making the D.C. and Oregon IDs invalid.
Part of the confusion results from a 2008 regulation issued by the Department of Homeland Security. The rule states DHS would “leave the determination of gender up to the States since different States have different requirements” for when “a transgendered individual should be identified as another gender.”