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Tipsheet

Judge Rejects Transgender Plaintiffs’ Bid to Change Sex on Birth Certificates

AP Photo/Armando Franca

On Thursday, a federal judge dismissed a lawsuit brought by transgender plaintiffs who wanted to change the sex designations listed on their birth certificates, which were issued in Tennessee.

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The transgender plaintiffs sought to overturn a 1977 law that does not allow their birth certificates to be altered, according to the Associated Press. Reportedly, the plaintiffs argued that the policy “unconstitutionally discriminates” against transgender people and that the policy is “harmful.”

U.S. District Judge Eli Richardson reportedly wrote in his ruling that the term “sex” “has a very narrow and specific meaning” for the purpose of certificates, which is “external genitalia at the time of birth.”

Transgender advocates try to push the argument that “sex” should include the concept of “gender identity,” which is when a person feels that their gender does not align with their biological sex. 

Lambda Legal, which brought the lawsuit on behalf of the transgender plaintiffs, slammed the decision.

“Late yesterday, a federal court judge upheld Tennessee’s discriminatory anti-transgender birth certificate policy that will not allow transgender people to correct the gender marker on their Tennessee birth certificates, leaving them grappling with inconsistent government identity documents. Tennessee is one of only a handful of states left in the country that still categorically prohibit transgender people from correcting their birth certificates to accurately reflect their identity,” Lambda Legal said in a statement

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“Tennessee’s discriminatory birth certificate policy has not only gravely impacted my life, but also presents a roadblock for all transgender Tennesseans. We deserve recognition and dignity from the government just as much as every other Tennessean,” Kayla Gore, a plaintiff, added.

On Friday, Kansas Attorney General Kris Kobach, a Republican, asked a federal judge to end a requirement that the state allow transgender people to update their birth certificates.

Lambda Legal said in a statement that the AG is “wrong” to request this.

“Today’s action represents yet another unnecessary and cruel move to target the transgender community with animus and discrimination for political gain,” the organization claimed.

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