In May 2015, the ACLU filed a federal lawsuit against the Michigan Secretary of State challenging a department policy that makes it impossible for many transgender individuals to correct the gender on their driver’s licenses and state identification documents. The court recognized in its November 2015 decision denying the State's motion to dismiss that plaintiffs have sufficiently alleged a constitutionally-protected privacy interest in avoiding disclosure of their transgender status because such disclosure "poses a real threat to their 'personal security and bodily integrity.

The American Civil Liberties Union and the ACLU of Alaska have filed a brief seeking to allow transgender individuals to correct the gender marker on their driver's licenses without undergoing major surgery. Currently, Alaska DMV policy requires that individuals wishing to change the sex marker on their driver's license submit proof of a surgical "sex change". The state's surgery requirement places an undue burden on transgender individuals and presents a gross violation of an individual's right to privacy.

Two transgender women are suing the Illinois Department of Vital Records for refusing to change the gender marker on their birth certificates because they had reassignment surgery outside of the United States.