A measure that would let Virgin Islanders change their gender designation and name on government-issued identifying documents through a V.I. Superior Court order was held in its committee of origin on Tuesday.
Imani Evans, president of St. Croix Pride, testified at the Committee of Homeland Security, Justice and Public Safety hearing in support of amendments to the proposed measure. On Tuesday afternoon, she told The Source she was disappointed but “a little unsurprised” by the outcome.
“It’s not over yet. We’re going to be working, hopefully, with the Department of Health on figuring out the steps forward,” she said. “But other than that, we were just grateful to even have this chance to have this conversation and bring it to the Legislature.”
Gov. Albert Bryan Jr. announced the measure during a Government House briefing in June. Bryan said at the time that it’s his administration’s position that gender is a legal designation, and there should be a legal pathway for Virgin Islanders to align identifying documents with their gender identity.
The measure was submitted in collaboration with the V.I. Health Department and Assistant Health Commissioner Nicole Craigwell-Syms said during prepared testimony that the legislation, Bill No. 35-0395, would support health equity, inclusivity, and the fundamental rights of all individuals by addressing a gap in the recognition — and affirmation — of gender identities.
“Transgender, nonbinary and gender-nonconforming individuals often face significant challenges when their legal name or gender marker does not align with their identity, which can lead to discrimination, limited access to health care and other essential services,” she said.
Testifiers affiliated with LGBTQ+ advocacy groups in the territory supported the spirit of the measure but called for two amendments.
The first pertained to a section of the proposed bill requiring a statement from a health care provider confirming that an individual has either “undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition” or else has an intersex condition requiring a change of gender designation.
Andrew Hammond, secretary for PFLAG St. Thomas, said the act of determining one’s gender is independent of any surgery, hormones or psychiatric care.
“It is a deeply personal decision that should be left up to the person making the decision,” he said, adding that the medical requirement would present a stumbling block for those who lack health insurance or access to quality health care. “There are not many — if any — doctors that offer these services on island. By making this a requirement, the V.I. government is signaling that they want to place themselves in a camp consisting of just nine states and two territories.”
Twenty-one states and the District of Columbia do not have such a requirement, he said.
Testifiers also called for an amendment that would waive any public notice from the V.I. Superior Court upon issuance of an order and seal any proceedings related to a person’s change of gender designation or name.
Evans said the territory has already experienced homophobic and transphobic violence.
“For an applicant in this process to have any chance of living a safe and healthy life, a public notice absolutely could not occur,” she said.
Tuesday morning’s block included a measure establishing speed zones near schools and another pertaining to abandoned vehicles, which were vetted in conjunction with Bill No. 35-30395. In addressing that measure, lawmakers occasionally strayed from the topic.
Sen. Ray Fonseca, who chairs the Health, Hospital and Human Services Committee, asked about the testifiers’ feelings about transgender athletes’ participation in sporting activities. That led to a brief back-and-forth with St. Croix Pride Board Member Andrew Seeber, during which Fonseca said it was a “yes or no” question and he didn’t need a dissertation.
“It’s actually not a ‘yes or no’ question,” Seeber said.
Asked the same question, Evans said she “can’t see a space where this question is even a part of what we’re discussing.”
Later, Sen. Alma Francis Heyliger stated that she did not support removing the section about medical requirements, noting that some states do require a medical declaration and others don’t allow for a change in gender designation at all. Francis Heyliger also returned to the issue of sports.
Senate Majority Leader Kenneth Gittens, who chairs the committee, stated concerns about placing decision-making power in the hands of medical professionals or parents and called for more vetting of the measure, which he said probably should have been put forward as a referendum.
“But I am in no haste to move this measure forward, so I am hopeful that there will be some discussions pertaining to this,” he said, noting his agreement with a number of the testifiers that the bill needs work.
Sens. Kenneth L. Gittens, Novelle E. Francis Jr., Donna Frett-Gregory, Dwayne M. DeGraff, Ray Fonseca, Angel Bolques Jr., Milton Potter, Javan James Sr., Alma Francis-Heyliger and Carla J. Joseph attended Tuesday’s hearing.
