While colleges can update diplomas and other documents upon request, the choice and process is currently up to the institutions. The legislation, called the Affirming Transgender and Nonbinary Student's Names in College Bill 2023, would require that public colleges and universities update all documents, transcripts, and diplomas with a student’s correct gender identity and updated legal name. “If a student doesn’t have an updated diploma or transcript, they can face challenges applying for graduate school or employment opportunities,” Chiu told NBC News. “Also, a diploma with a wrong name can have the effect of outing someone who doesn't wish to be outed in a workplace or another environment where they may feel unsafe coming out.”
The legislation also creates a process for school officials to follow when students request that their records be updated. Chiu told The Bay Area Reporter that students should not have to experience stress or “emotional harm” due to their diploma because of its use of a “deadname […] due to outdated school policies.” (According to Merriam Webster, a deadname is the name a person was given at birth and used prior to transitioning.) There was no process was in place prior to this but according to the bill, former students will be able to submit government documents that show a name or gender change including a passport, court order, birth certificate or state-issued license.
While this bill is a step in the right direction, obtaining the necessary government-issued documents remains an obstacle for some students. According to NBC News, many trans and nonbinary people do not have their chosen name or correct gender listed on documents due to the long processes associated with updating such information. The cost associated with changing such documents also serves as a barrier. In 2015, a survey from the National Center for Trans Equality found that 32% of respondents did not update their gender on their documents because they were unable to afford it. The Center also found that only 11% reported their government identification documents matched their chosen name and correct gender, while 68% reported that none of their identification matched.
According to Canada’s Centre for Suicide Prevention, transgender individuals are at high risk for suicide due to the “unique stressors” they face, including lack of gender identity affirmation. A study on the link between chosen names and depression in transgender youth found that people whose gender expression does not match their name or documentation appear to be at greater risk of discrimination and harassment, which could lead to health issues. “Lack of affirmation of self and one’s reality can be catastrophic both in the short term and long term to one’s mental health,” Aydin Olson-Kennedy, executive director of the Los Angeles Gender Center, told NBC News. “Every day, trans and nonbinary individuals are carving out space for themselves in a political, social and legal environment that has little to no desire for them to have any space at all.”
Chiu is passionate about continuously fighting for marginalized communities and not allowing anyone to be targeted, according to NBC News. “It's important during the era of Trump to continue to say we value everyone in our community, and we're not going to allow the hateful targeting of the transgender and nonbinary communities impact what we are doing in California,” he said. “Everyone should have equal rights.”
The bill is scheduled to be heard by the California State Assembly's Higher Education Committee on Feb. 29.
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