LGBTQ Notary Association

LGBTQ Notary Association Blog


Importance of Dignified Non-Discriminatory Notary Services for Transgender and Gender Non-Binary People

August 3rd, 2023 :::

Article By: Zara Shea

In recent years, the rights and visibility of transgender and gender non-binary people have become increasingly recognized and valued in the United States. However, despite this progress, many still face discrimination and marginalization in various areas of their lives, including accessing notary services. Notary services play a crucial role in validating and certifying important legal documents, such as wills, trusts, and contracts. Therefore, the ability to access these services in a dignified and non-discriminatory manner is essential for transgender and gender non-binary individuals to fully exercise their rights and protect their interests.

One of the challenges that transgender and gender non-binary individuals face when accessing notary services is the requirement to present identification documents that reflect their gender identity. In many states, the gender marker on identification documents such as driver's licenses and passports can only be changed after obtaining a court order, which can be a lengthy and expensive process. This means that transgender and gender non-binary individuals may be forced to present identification documents that do not accurately reflect their gender identity, which can lead to humiliation, anxiety, and potentially dangerous situations, especially in situations where the notary is not respectful or discriminatory.

Moreover, even when identification documents reflect their gender identity, transgender and gender non-binary individuals can still face discrimination from notaries who may hold prejudiced views or lack the necessary knowledge and sensitivity to properly handle their needs. This can include being subjected to invasive questions about their gender identity, being refused service altogether, or being subjected to insensitive or offensive language or behavior.

To address these challenges, notary services must be actively committed to providing dignified, non-discriminatory, and respectful services to transgender and gender non-binary individuals. This includes creating policies and procedures that ensure that individuals are not discriminated against based on their gender identity or expression, educating staff and notaries about the needs and rights of transgender and gender non-binary people, and creating safe and inclusive spaces for all individuals.

Additionally, notaries can take proactive steps to ensure that they are providing respectful and sensitive services. This includes asking individuals what name and pronouns they prefer to use, using gender-neutral language, and avoiding assumptions about a person's gender identity. Notaries can also educate themselves on the laws and procedures regarding gender marker changes on identification documents and be aware of the unique challenges that transgender and gender non-binary individuals may face when accessing notary services.

In conclusion, dignified and non-discriminatory notary services are essential for transgender and gender non-binary individuals to exercise their legal rights and protect their interests. Notaries play a critical role in validating and certifying important legal documents, and therefore have a responsibility to ensure that their services are accessible to all individuals, regardless of their gender identity or expression. By creating safe and inclusive spaces and providing respectful and sensitive services, notaries can help advance the rights and dignity of transgender and gender non-binary people in the United States.

Thank you for reading! If you are an ally of the LGBTQ community, please consider Joining our Notaries Association! LGBTQ clients everywhere are looking for notaries who are specifically LGBTQ friendly, would you consider allowing us to add you to our area map, so that we can serve as many LGBTQ clients in as many locations as possible?

If you feel that you may not be ready to join yet but still want to be helpful, please consider making a donation.

If you haven't already, please consider reading the Notaries LGBTQ Code of Conduct for better context on how to handle certain situations.

Thank you very much for your time and consideration. Have a wonderful day!

XOXO, Zara Shea

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