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跨性别者起诉要求推翻堪萨斯州要求更换新驾照的法律Trans people sue to overturn Kansas law requiring new driver’s licenses

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原告预计将于本周出庭作证,讲述持有与自身外貌及性别认同不符的身份证件所带来的负面影响。

Plaintiffs are expected to testify this week about the negative effects of carrying identification that doesn’t match how they look and feel.

在此前一天,州议会通过了一项法律,要求所有州政府签发的驾照必须反映驾驶员出生时的性别。信中写道:“您当前的证件将立即失效。”

The day before, the legislature had passed a law that required all state-issued licenses reflect drivers’ sex at birth. “Your current credential will be invalid immediately,” the letter said.

韦斯特的性别一直以来都是他人试图揣摩的对象。她出生时染色体为XY,医生在她的出生证明上将其性别列为男性。但她患有一种双性人疾病,导致其身体无法对雄性激素产生反应。她从未经历过男性青春期,到了初中时,她就已经意识到自己是个女孩。此后的十年里,她一直以女性身份生活。

West’s gender had always been something other people tried to puzzle out. She was born with XY chromosomes, and doctors listed her as male on her birth certificate. But she has an intersex condition that makes it impossible for her body to respond to male hormones. She never went through male puberty, and by the time she was in middle school, she knew she was a girl. She had lived as one for the decade since.

21岁的韦斯特留着金色长发,做着亚克力美甲,声音轻柔。获得女性驾照曾让她感到法律认可了她对自我的认知,这是一种切实的证明。

West, 21, has long blond hair and acrylic nails. Her voice is soft. Getting her female license had felt like tangible proof that the law recognized her exactly as she saw herself.

然而根据这封信,如果她想继续开车,就必须换领一张标注为男性的驾照。

Now, according to the letter, if she wanted to keep driving, she needed a license that said male.

“我感觉自己不再安全了,”韦斯特说,“我确实感到自己成了针对的目标,我认为这就是堪萨斯州议会的意图。”据州政府官员称,大约有1700名双性人和跨性别堪萨斯州居民收到了这封信。在此后的七个月里,一些人表示,当他人询问为何他们的身份证件与外貌不符时,他们在工作场所和政府大楼里感到非常尴尬。一名跨性别女性为了遵守法律换领了男性驾照,却在因未开前灯被警察拦下后,因使用“无效驾照”而被控轻罪。

“It felt like I wasn’t safe anymore,” West said. “I really felt targeted, which I think was the intention of the Kansas state legislature.”Roughly 1,700 intersex and transgender Kansans received the letter, according to state officials. In the seven months since, some say they have been embarrassed at work and in government buildings after people asked why their IDs don’t match their appearance. A trans woman who complied with the law by getting a male license was even charged with a misdemeanor for using an invalid license after an officer pulled her over because her headlights were off.

该法律还禁止双性人和跨性别者使用与其性别认同相符的洗手间,并授权民众举报涉嫌违反该法的人,举报者可获得1000美元的奖励。

The law also prohibits intersex and trans people from using the bathrooms that align with their gender identity, and it empowers people to collect a $1,000 bounty if they report someone they suspect has broken the law.

今年4月,韦斯特决定争取恢复她的女性身份驾照。在美国公民自由联盟的帮助下,韦斯特和其他几人起诉了堪萨斯州政府,指控其侵犯了宪法保护的隐私权、个人自主权、法律面前人人平等、正当程序以及言论自由。作为今天开始的为期一周的庭审的一部分,韦斯特将于本周在劳伦斯出庭作证。如果她和其他原告胜诉,堪萨斯州将被禁止执行该法律,韦斯特和其他人也有望拿回他们原来的驾照。

In April, West decided she wanted to fight to get her female license back. With help from the American Civil Liberties Union, West and a handful of others sued the state for violating their constitutionally protected right for privacy, personal autonomy, equality under the law, due process and freedom of speech. West will testify in Lawrence testify this week as part of a week-long trial that begins today. If she and the other plaintiffs prevail, Kansas will be barred from enforcing the law, and West and others could get their old driver’s licenses back.

“我希望法官能看到我是一个活生生的人,”韦斯特说,“我只是一个像其他人一样努力生活的女孩。”在过去五年里,各州立法机构提出了创纪录数量限制跨性别者权利的法律,但直到最近,这些措施几乎都针对未成年人。堪萨斯州是首批针对跨性别成年人的州之一。该州的共和党人多年来一直试图禁止跨性别者更改驾照或使用与其性别认同相符的洗手间,但这些尝试最终都在法庭上受挫。

“I hope the judge sees I’m a person,” West said. “I’m just a girl trying to have a life like everybody else.”Over the last half decade, state legislatures have proposed a record number of laws restricting the rights of trans people, but until recently, nearly all of those measures concerned children. Kansas was among the first to target transgender adults. Republicans there tried for years to bar trans people from changing their driver’s licenses or from using the bathrooms that match their identities. But those attempts sputtered out in court.

今年,该州立法机构中的共和党绝对多数派将此项法律列为首要任务,并于2月通过了该法案。在民主党州长劳拉·凯利否决了该立法后,他们推翻了她的否决,并决定立即执行该法律,而不是按原定的7月1日生效。

This year, the state legislature’s Republican supermajority made the law a top priority and passed it in February. After Democratic Gov. Laura Kelly vetoed the legislation, they overrode her veto and decided to enforce the law immediately, rather than the regular start date of July 1.

在今年早些时候举行的一次听证会上,法官拒绝发布针对该法律的临时限制令。堪萨斯州总检察长、共和党人克里斯·科巴赫辩称,驾照是一份官方文件,必须反映基本事实以确保公共安全。

At a hearing earlier this year, in which a judge declined to issue a temporary restraining order against the law, Kansas Attorney General Kris Kobach (R) argued that a license is an official document that must reflect basic facts for public safety.

科巴赫说:“他们希望政府允许他们把驾照当作一种画布,在上面描绘他们个性的各个方面,并表达某些观点。但驾照并非如此。它是由政府签发、归政府所有并由政府管控的政府文件。”韦斯特对上交驾照的想法感到愤怒,但到了三月,她意识到自己必须开车,于是拖着沉重的步伐去了威奇托郊外小镇的车管所(DMV)。为她办理业务的正是她小学一年级的老师。

“They want the government to allow them to use the driver’s license as a kind of canvas on which they can paint various aspects of their personality and say certain things,” Kobach said. “That’s not what the driver license is. It is a government document issued by the government, owned by the government, controlled by the government.”West bristled at the idea of turning in her license, but by March, she knew she had to drive, so she dragged herself to the DMV in her small town outside of Wichita. Her first-grade teacher was working the desk.

这位老师早就认识还是女孩时的韦斯特,韦斯特说,当老师为她签发新驾照时,两人都哭了。

The teacher had long known West as a girl, and West said they both cried as she issued the new license.

“这让我心碎,”韦斯特说。“我觉得我把一部分自己留在了那个车管所,或者说真的失去了一部分自我。”韦斯特把新驾照深深地藏在钱包底部,但她和其他人表示,从那以后他们一直感到恐惧。政府不仅掌握了一份写有他们名字的名单,跨性别者和双性人现在还被迫在那些他们原本可以正常融入的场合中暴露自己的身份。

“It was heartbreak for me,” West said. “I felt like I left a piece of me in that DMV, or lost a piece of me really.”West stashed the new license deep at the bottom of her purse, but she and others say they have felt terrified since. Not only does the government have a list with their names on it, but trans and intersex people are now forced to out themselves in places where they’ve always blended in.

韦斯特在牙医诊所和图书馆都不得不出示过驾照。在工作中,有人看到了她的驾照,便告诉其他同事韦斯特是跨性别者。她原本在巴特勒社区学院修读护理课程,但法律通过后,她决定暂停接下来的几个学期,而不是交出一张将她描述为“非她本人”的身份证件。

West has had to hand over her license at the dentist and the library. At work, someone saw her license and told other coworkers West was transgender. She’d been taking nursing classes at Butler Community College, but after the law passed, she decided to sit out the next few semesters rather than hand over an ID that describes her as something she’s not.

今年夏天,韦斯特去了一家银行,柜员原本很友好且健谈,直到韦斯特递上驾照。韦斯特说,在那之后,柜员的态度变得冷淡,不再与她进行眼神交流,也没有再和她说话。韦斯特决定她必须离开堪萨斯州,至少是暂时离开。

This summer, West visited a bank, and the teller was friendly and talkative until West handed over her license. The teller went cold after that, West said, and she didn’t make eye contact or speak to West again. West decided she had to leave Kansas, at least temporarily.

“我意识到,‘好吧,这里不欢迎我,’”韦斯特说。她搬到了田纳西州的诺克斯维尔。其他人也将这一年描述为一系列充满压力的状况。

“I realized, ‘Okay, I’m not wanted here,’” West said. She moved to Knoxville, Tennessee. Other people described the year as a series of stressful situations.

“这些事并非出于恶意,但每一件都让人尴尬,”布罗伊尔斯说。“镇上的每个人都认识我。他们知道我是个男人。”布罗伊尔斯在孩子出生前就完成了性别转换,他至今还没跟孩子们谈过自己的医疗史。他说,如果他开始使用女厕所(正如法律所要求的那样),孩子们会感到困惑和“惊慌”。他留着胡子,声音低沉,在孩子们眼中,他一直就是爸爸。

“None of it was malicious, but all of it was embarrassing,” Broyles said. “Everyone in town knows me. They know I’m a man.”Broyles transitioned before his kids were born, and he hasn’t yet talked to them about his medical history. They would be confused and “alarmed,” he said, if he started using the women’s bathroom, as the law requires. He has a beard and a deep voice, and they’ve always known him as dad.

布罗伊尔斯的儿子还太小,不能独自去洗手间,所以布罗伊尔斯不得不恳求他在长途驾车时憋尿长达一小时。今年夏天度假时,他总是担心酒店前台在接过他的驾照时会暴露他的身份。

Broyles’s son is too young to go to the bathroom alone, so Broyles has had to beg him to hold it for as much as an hour while they’re driving long distances. On vacations this summer, he worried a hotel clerk might out him when he handed over his license.

“我再正常不过了,”布罗伊尔斯说。“我有份正常的工作。我生活得很稳定。我不认为立法者考虑过当我必须带孩子去洗手间时会发生什么……但我不会仅仅因为堪萨斯州想制造麻烦,就剥夺孩子们的童年。”

“I’m about as normal as can be,” Broyles said. “I have a normal job. I’m very stable. I don’t think lawmakers thought about what happens when I have to take my kids to the bathroom. ... But I’m not going to take my kids’ childhood from them just because Kansas wants to make something hard.”