U.S. Virgin Islands (USVI) Gov. Albert Bryan Jr. (D) submitted a bill to the legislature last year 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.

So, last Wednesday, the governor enacted the policy anyway by signing an executive order, making the change to USVI policy. His order marked the first instance ever of official recognition of trans people in the territory, according to Transitics.

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“Virgin Islanders have reached out to our administration seeking a way to have their documents reflect who they truly are,” Gov. Bryan said in a statement 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.”

Intersex Virgin Islanders and trans individuals with a court order stating they’ve had “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.

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The Virgin Islands counts itself as one of the friendlier territories for the trans community. It’s 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. There are no restrictions on trans student-athletes in girls’ sports in the territory’s schools, and no bathroom bans relating to gender identity.

Six states and no U.S. territories deny citizens the ability to change a gender marker on birth certificates, including Texas, Florida, Tennessee, Iowa, Kansas, and Oklahoma. That number drops to four for state IDs.

Revised documents on island will now use the term “gender” rather than “sex” for the new designations.

Under the new process, an individual aged 18 or older, or a parent or guardian on behalf of a minor, may request a gender marker change from the issuing agency in writing.

One of two alternative documents must accompany the request: a statement, “signed under penalty of perjury,” from a licensed healthcare provider who has treated or evaluated the individual, confirming they have 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 may be submitted in lieu of a healthcare provider’s statement.

A requirement for a healthcare provider’s attestation that an applicant has had surgery or gender-affirming care was deemed unfair by critics of Bryan’s 2024 legislative proposal, who called it a burden on individuals lacking health insurance.

The governor noted 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.”

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