Ohio BMV Changes Policy for Gender Markers

The Ohio Bureau of Motor Vehicles has changed how transgender individuals can update their identification. In doing so, the BMV is making sure to be consistent with state law.

While transgender Ohioans could previously change their ID using a professionally certified form, these individuals must now have an updated birth certificate or passport.

Reporting from The Toledo Blade on Tuesday included statements from Ohio BMV spokesman Lindsey Bohrer, who made clear that the bureau is following state law.

“The BMV has determined that BMV Form 2369 is not compatible with Ohio Revised Code Sec. 9.05. 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,” Bohrer said.

Section 9.05, titled “Sex recognition policy,” states that “‘Gender identity’ means an individual’s internal and subjective sense of self, disconnected from biological reality and sex and existing on an infinite continuum, that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex.”

“‘Sex’ means the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender,” the section also reads.

Finally, the section contains a reminder of biology: “It is the policy of the state of Ohio to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.”

State Rep. Brian Stewart, a Republican, celebrated the move in a post on X, pointing out that it was “a commonsense provision” included in the most recent budget. Gov. Mike DeWine, R-Ohio, signed that budget in June.

Others, however, are not so pleased with the change, with LGBTQ+ news sites in Ohio and around the country decrying the decision, particularly because they said no notice was given.

Reporting from the Advocate referenced policies from the Trump administration, specifically how passport holders’ gender markers must align with their biological sex. Such a policy has been litigated, but the U.S. Supreme Court has allowed it to remain in effect.

The Buckeye Flame mentioned that the change in policy language due to action by the state Legislature aligns with President Donald Trump’s executive order on recognizing biological sex.

The report from The Toledo Blade cited a probate judge responsible for updating forms, who indicated it wouldn’t be an issue to comply.

“Judge Puffenberger said his office has processed 58 gender marker changes on birth certificates since 2025, noting his staff will have no trouble handling a potential uptick in applications,” the report said. The article noted that at least 10 other county probate courts also process those birth certificate updates.