U.S. Virgin Islands advances equality with historic gender marker policy

The U.S. Virgin Islands (USVI) has implemented a policy allowing transgender and intersex people to amend the gender markers on their official documents. Governor Albert Bryan Jr. signed an executive order to enact the change.

Last year, Gov. Bryan submitted a bill to the legislature that would have allowed trans and intersex people in the territory to change the gender marker on their official documents. The measure didn’t advance past a committee hearing.

According to LGBTQ+ Nation, the executive order marks the first official recognition of transgender individuals in the U.S. territory.

"Virgin Islanders have reached out to our administration seeking a way to have their documents reflect who they truly are," Gov. Bryan stated following the signing ceremony. "This Executive Order provides a fair and compassionate process where none existed before. It ensures that our government recognizes and respects the lived realities of all our residents.”

Under the new policy, intersex Virgin Islanders and transgender individuals with a court order affirming they have undergone “surgical, hormonal, or other treatment for the purpose of gender transition” can now easily revise the gender markers on both their birth certificates and government-issued ID cards. Revised documents will now use the term "gender" rather than "sex" for the new designations.

The USVI stands out as one of the most inclusive territories for the trans community. It is the only U.S. territory that prohibits discrimination based on sexual orientation and gender identity, and there have been no known attempts to restrict gender-affirming care in the USVI. Additionally, there are no restrictions on transgender student-athletes in girls’ sports in the territory’s schools, and no bathroom bans relating to gender identity.

To initiate the process, individuals aged 18 or older, or a parent or guardian on behalf of a minor, may submit a written request for a gender marker change to the issuing agency. The request must be accompanied by one of two documents: a statement from a licensed healthcare provider confirming the individual has an "intersex condition" and that a gender designation change is appropriate, or a judicial order from the Virgin Islands or another jurisdiction granting a gender change designation.

Critics of Gov. Bryan’s 2024 legislative proposal had previously voiced concerns that a requirement for a healthcare provider’s attestation of surgical or gender-affirming care would burden individuals lacking health insurance.

Gov. Bryan emphasized that his action aligns the Virgin Islands with at least 25 states, Puerto Rico, and the District of Columbia, which have adopted administrative procedures for amending gender designations on birth certificates, and more than 30 states, Puerto Rico, and D.C., which have similar processes for driver’s licenses.

“Our administration remains committed to fairness, dignity, and respect for every Virgin Islander,” Gov. Bryan added. “This Executive Order brings the Virgin Islands in line with modern standards of inclusion and ensures that all residents have access to accurate and affirming government identification.”