DMV Bans Male Teen From Wearing Makeup in License Photo

After South Carolina teen Chase Culpepper passed his driving exam with flying colors earlier this spring, he arrived at his local Department of Motor Vehicles in his hometown of Anderson excited to get his license. But he left feeling shamed, after officials pressured him into removing his makeup — part of the 16-year-old’s daily look — for his photo, after officials said his mascara and lipstick constituted a “disguise.” Later, when a regretful Culpepper requested a more accurate retake, it was denied. Now the Transgender Legal Defense and Education Fund, a national advocacy organization, has stepped in on the young man’s behalf to warn the DMV of free-speech violations.

“Chase wears androgynous or women’s clothing and makeup on a daily basis, and has done so for some time. It is part of who he is,” notes TLDEF executive director Michael Silverman in a June 9 letter to the South Carolina DMV. “His clothing and makeup are outward manifestations of his inner self. They are essential components of his gender expression.” Chase’s supportive mother, Teresa Culpepper, defended her son’s appearance to DMV officials, the letter explains, but their pleas were still denied.

“In the end, Chase was told that he could not wear makeup simply because boys typically do not wear makeup,” the letter continues. “It was not because his makeup acted as any type of disguise of his identity. Sex stereotypes like this do not justify a government agency’s restriction of constitutionally protected expression.”

Chase Culpepper. Photo: Courtesy Transgender Legal Defense and Education Fund
Chase Culpepper. Photo: Courtesy Transgender Legal Defense and Education Fund

As Teresa tells local news affiliate WYFF, “It was very hurtful. He was absolutely devastated. That’s who he is 24-7.” To TLDEF, she adds, "I want my son to be able to be himself without discrimination or harassment. I love him that way and the government should not be telling him that he’s not OK the way he is.”

But South Carolina DMV spokesperson Beth Parks tells Yahoo Shine that Chase will not be permitted to have his photo retaken as long as he’s wearing makeup, referencing a 2009 policy. “At no time will an applicant be photographed when it appears that he or she is purposely altering his or her appearance so that the photo would misrepresent his or her identity,” she reads.

“Law enforcement tells us that if someone is male, they want him to look male,” she adds — but also notes, “We’re not trying to dictate what male looks like.” While women would not typically be asked to remove makeup, Parks says, those wearing “stage makeup,” or makeup that’s “much heavier than an everyday look,” would. Caps and head coverings are also banned from driver’s license photos, unless they are for religious purposes, or are post-chemo scarves, she adds.

Silverman tells Yahoo Shine that, if the case goes further, “I believe the DMV would have a hard time justifying a ‘disguise’ policy to a boy who simply wears makeup every day. Because clearly this would not have happened to Chase if he were a girl.” The agency’s position, as he sees it, is that if a license identifies someone as a boy, he should look like a boy — and that, to Silverman, poses a problem. “What does that look like exactly?” he asks. “Especially in 2014?”