The Ohio Bureau of Motor Vehicles (BMV) has implemented a new policy that tightens the requirements for changing the gender marker on state-issued identification. Under the updated rules, transgender residents must now present an amended birth certificate or passport reflecting their desired sex designation in order to update the sex listed on their Ohio driver’s license or state ID. The BMV will no longer accept professional certification forms, such as BMV Form 2369, which previously allowed individuals to change their gender marker with documentation from a licensed professional.

Explainer Transgender Rights and Policies: A Comprehensive Overview of Ongoing Debates

This change follows the enactment of Ohio Revised Code Section 9.05, which was included in the most recent state budget signed by Governor Mike DeWine in June. The statute, effective since September 2025, defines sex strictly as a biological characteristic and restricts official recognition to only male and female categories. The law explicitly states that "gender identity" is not a valid basis for identification and that the state recognizes only two sexes, which "are not changeable and are grounded in fundamental and incontrovertible reality." Read the full statute.

The policy shift has sparked debate across Ohio, raising questions about the balance between state law and the ability of transgender residents to obtain identification that matches their gender identity. Supporters argue that the change is necessary to comply with state law, while critics contend that it creates additional barriers for transgender Ohioans seeking accurate identification.

New Requirements for ID Changes

Lindsey Bohrer, a spokesperson for the Ohio BMV, confirmed that BMV Form 2369 is no longer accepted for gender marker changes. Bohrer explained, "The BMV will record the sex that is stated on an individual’s birth certificate or passport as the sex that will be reflected on the Ohio driver license or ID card."

"The BMV has determined that BMV Form 2369 is not compatible with Ohio Revised Code Sec. 9.05."

— Lindsey Bohrer, Ohio BMV spokesman

As a result, transgender individuals who wish to update the gender marker on their state-issued identification must first obtain a revised birth certificate or passport that reflects their desired sex. This process typically involves petitioning a probate court for a birth certificate amendment. At least 10 Ohio counties currently process such birth certificate changes. Judge Puffenberger, who oversees one of these probate courts, told The Toledo Blade that his staff has handled 58 gender marker changes since 2025 and is prepared to manage a potential increase in applications as a result of the new policy.

The BMV’s updated procedures align with the requirements set forth in Section 9.05, which mandates that state agencies recognize only the biological definitions of sex as outlined in the statute. The agency has not indicated whether further guidance or advance notice will be provided to residents affected by the change.

Political and Community Response

The policy has drawn a range of responses from political leaders and advocacy groups. State Representative Brian Stewart, a Republican, praised the change as a "commonsense provision" included in the state budget. Stewart wrote on X (formerly Twitter) that the state "is not going to indulge falsifying official records to say something that’s untrue."

In contrast, LGBTQ+ advocacy organizations and several news outlets have criticized the abrupt implementation of the policy. They note that the BMV did not provide advance notice to those impacted, leaving many transgender Ohioans uncertain about how to proceed with updating their identification. Reports in The Advocate and The Buckeye Flame have highlighted concerns that the new policy mirrors federal passport rules established during the Trump administration, which required gender markers to align with biological sex—a policy that the U.S. Supreme Court has allowed to stand.

Advocates argue that the new requirements create additional hurdles for transgender individuals, who may face legal, financial, or logistical challenges in obtaining amended birth certificates or passports. Some have expressed concern that the policy could lead to increased difficulties in accessing services, employment, or travel for those whose identification does not match their gender identity.

The updated BMV policy is rooted in the language of Ohio Revised Code Section 9.05, which was enacted by the state legislature as part of the broader state budget. The law defines sex based on biological factors such as chromosomes and genitalia, explicitly excluding psychological or subjective gender identity from official recognition. These definitions are now reflected in BMV procedures, with officials stating that they are simply enforcing state law as written.

Probate judges across at least 10 Ohio counties are currently processing birth certificate changes for individuals seeking to update their legal sex designation. Judge Puffenberger and other probate court officials have indicated that they are prepared to handle an increase in applications resulting from the BMV’s policy change. However, the BMV has not commented on whether additional guidance or notice will be issued to affected residents in the future.

As the new requirements take effect, the debate over gender marker policies in Ohio continues, with legal, political, and community stakeholders closely watching the impact on transgender residents’ ability to obtain accurate identification.