How to Legally Change Your Gender in Arizona

2016.06.17 Baltimore Pride, Baltimore, MD USA 6761 by Ted Eytan from Flickr (Creative Commons License)

This information applies to individuals who are female-to-male (FTM) and male-to-female (MTF) transgender. It does not apply to people who are non-binary.

Legally changing your gender on your records in Arizona is a straightforward process. Unlike legally changing your name, you are not required to go to court.

Physician’s Letter

To legally change your gender, you need a letter from a physician. It must be of their office letterhead and include that you are “irrevocably committed” to changing your gender and that you have received “appropriate clinical treatment.” A lawyer who assists people with legal gender changes likely has a template letter you can use.

Please note: this letter must come from a licensed physician. Getting a letter from a physician’s assistant, nurse, therapist, or social worker will not work.

Update Your Social Security Records

Once you get the letter from your physician, take it (along with the court order from your name change if you’re doing that too) to your local Social Security Office. You’ll need to complete Form SS-5, which you can get in advance. You’ll also need to bring your current driver’s license or ID card. Mark the gender you’re transitioning to on the form. (Your social security card doesn’t have your gender office, but it’s part of your social security record.)

Update Your Driver’s License

A few days after you change your social security records, go to the MVD to update your driver’s license. (Go a real MVD, not a third-party satellite office.) Bring your physician’s letter and current driver’s license. Tell the clerk you’re there to update your driver’s license, and they’ll give you the appropriate form. Mark the box for the gender you’re transitioning to. You’ll have to take a new photo and pay $12 to get your new license or ID card.

Update or Get a New Passport

Arizona will not change your birth certificate to reflect your correct gender. Since a birth certificate is required to obtain a U.S. Passport, you can generally use your passport in situations where a birth certificate is required. You will have to apply in person and complete Form DS-11. Bring your physician’s letter and your updated license or ID with you.

Keep the original physician’s letter to present at each office and in case you need it to change any additional records with your correct gender.

You can legally change your name and gender at the same time by obtaining a physician’s letter and going through the process to legally change your name through the court prior to updating your social security record, driver’s license, and other documents and records. If you need to legally change your name and gender, contact a lawyer to assist you with this process.

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Proposed AZ Law Would Outlaw Wearing a Disguise While Committing a Crime

Improv AZ - Flash Mob Fiction by Sheila Dee (used with permission)

Improv AZ – Flash Mob Fiction by Sheila Dee (used with permission)

The Arizona legislature is considering a law that would make it a crime to conceal your identity while breaking the law or to avoid being arrested or punished. Proposed by State Representatives Bob Thorpe, Brenda Barton, and David Livingston, HB 2143, would add the following t the Arizona criminal code:

A. IT IS UNLAWFUL FOR A PERSON TO WEAR A MASK, FALSE WHISKERS OR OTHER PERSONAL DISGUISE, WHETHER PARTIAL OR COMPLETE, FOR THE PURPOSE OF:
1. EVADING OR ESCAPING DISCOVERY, RECOGNITION OR IDENTIFICATION IN THE COMMISSION OF ANY PUBLIC OFFENSE.
2. CONCEALMENT, FLIGHT OR ESCAPE, WHEN CHARGED WITH, ARRESTED FOR OR CONVICTED OF ANY PUBLIC OFFENSE.
B. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.

Punishment for a Class 1 misdemeanor in Arizona is up to 6 months in jail and up to a $2,500 fine.

Speed Camera Snaps Man in a Monkey Mask (Image from CBS 5 News)

Speed Camera Snaps Man in a Monkey Mask (Image from CBS 5 News)

The purpose of this bill appears to be to go after guys like Dave VonTesmar. Dave gained notoriety in 2009 because people were driving his car and speeding past the speed cameras while wearing a monkey mask. He reportedly received close to 40 tickets, and at least half of them were thrown out because the prosecution couldn’t prove that he was the person in the picture, and therefore the driver when the offenses occurred. To date, he’s refused to pay the other tickets.

As a flash mob organizer and participant, this proposed law makes me a little nervous. If it passes, I hope law enforcement and the prosecutor’s office make a distinction between people who use a disguise in order to commit a crime or evade law enforcement and people who commit crimes while wearing costumes. It’s an issue of intent. It’s clearly wrong to wear a Nixon mask while robbing a bank to avoid being identified. But if you’re doing a flash mob or a prank that involves wearing a costume, or you’re involved in cosplay and you happen to commit a crime while you’re in costume, you shouldn’t be punished for concealing your identity, just the other crime you committed.

Let’s say somebody organized a Zombie Die-In and they did it in the street without permission, the participants could be arrested for blocking a thoroughfare. They shouldn’t be charged with concealing their identity just because they were in costume at the time. By the way, the organizers could also be facing solicitation and conspiracy if they did a stunt like this. If you’re curious about the legalities of flash mobs and pranks watch this video.

I’m curious to see if this law will be passed and what the implications will be if it does. If someone is planning on committing a crime while trying to conceal their identity, this law won’t stop them from putting on a mask or even just a hood and sunglasses to avoid being identified. It will simply give law enforcement another charge to throw at them when they get caught.

If you want to know more about flash mob law, I wrote an entire book about it. You can also connect with me on Twitter, Facebook, LinkedIn, or you can send me an email.

Carter Law Firm’s Top 5 Videos From 2013

This is where the magic happens - the couch where I record the firm's videos. Walter Ball is sitting in my spot.

This is where the magic happens – the couch where I record the firm’s videos. Walter Ball is sitting in my spot.

In September 2012, I made the commitment to put out a new video every week. Since then, I’ve done a lot of talking from the couch. Here are the top five most popular videos that were created and released this year.

1.  Can you put a Sex Video on the Internet Without Consent?

2. Response to Rehtaeh Parsons’ Suicide Due to Bullying

3. Avoid Being the next Turner Barr by Registering your Trademark

4. How to Make a Contract

5. Response to Rebecca Ann Sedwick Cyberbullying Suicide

One of the firm’s blog posts about The North Face vs The South Butt trademark issues got over 40,000 hits this year, courtesy of Reddit. Its corresponding video also got a lot of hit and is Carter Law Firm’s all-time most popular video.

I’ve hope you’ve enjoyed these videos and I look forward to sharing more with you next year. If there are any topics you hope I cover in a future video, feel free to connected with me on TwitterGoogle+FacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
Please visit my homepage for more information about Carter Law Firm.

Publishing Contracts: Copyright Assignment vs Copyright License

The best analogy for copyright is a jar of markers where each marker represents one of your rights - 10 things: Sharpies by Crystl from Flickr

The best analogy for copyright is a jar of markers where each marker represents one of your rights – 10 things: Sharpies by Crystl from Flickr

I had the pleasure of speaking about the legalities of publishing at Changing Hands Indie Author Conference on February 9, 2013. My session covered the basics of copyright, the importance of registering your copyrights and publishing contracts. I wanted to do a recap of the two types of publishing contracts from a copyright perspective: copyright assignments and copyright licenses.

A copyright is the rights you get in your work. Your rights are created the instant you have an original work of authorship fixed in a tangible medium. As the copyright holder, you have the exclusive right to copy, distribute, display, perform, and make derivative works based on your original work. If you want to let someone publish your work, you need a copyright assignment or a copyright license. This should be a signed contract between the parties and it should be explicit about the rights you’re giving up (if any) and what you will get in return.

Copyright Assignment
When you give someone a copyright assignment, you give them your copyright. When you have a copyright assignment, you do not own your copyright anymore; the other party does. If you publish your work after you assign it to someone, you will be committing copyright infringement, even though you were the original author of the work. Some publishers require you to assign your copyright to them or else they won’t publish your work.

If you give someone a copyright assignment and you later regret the decision, you have to buy your copyright back from them. I know at least one artist who sold the copyright in his work and later purchased it back because it was more lucrative for him to control it.

Copyright License
If you grant someone a copyright license, you retain ownership of your copyright and you give the other party permission to use some or all of your copyright rights. You may grant a publisher the rights to publish your work in print and/or as an ebook but retain the right to create an audio version of your work. J.K. Rowling retained her internet rights to the Harry Potter series when she negotiated her contract with her publishers, which is why she could create Pottermore.

If you license your work, the license should explicit state whether the license is exclusive or non-exclusive, time-limited or perpetual, and clearly state how you will be compensated for granting the other party the license.

Publishing contracts are complicated and it’s best to have a lawyer review the contract before you sign it to ensure you understand what rights you’re giving up and what rights you get to keep. As always, if there’s a portion of a contract that you don’t understand, don’t sign it.

I also created a video this week about the difference between copyright assignments and copyright licenses here.


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Please visit my homepage for more information about Carter Law Firm.