Federal court rules that changing sex on a birth certificate is not a fundamental right

In a 2-1 ruling on Friday, a federal appeals court panel in Tennessee determined that the state does not violate the constitution by refusing to permit transgender individuals to change the sex designation on their birth certificates. According to Judge Jeffrey Sutton from the 6th U.S. Circuit Court of Appeals, there is no inherent right to have gender identity reflected on birth certificates rather than biological sex. The court maintained a 2023 district court decision, highlighting that Tennessee’s policy, which has been in place for over 50 years, was not enacted out of bias against transgender communities.

Judge Sutton highlighted the variation in practices among states regarding birth certificate amendments. Some states allow modifications with medical proof of surgery while others require less documentation. Currently, only 11 states permit changes to birth certificates solely based on an individual’s gender identity declaration, a move sought by the plaintiffs in Tennessee. Birth certificates in Tennessee document the assigned sex at birth, essential for statistical and health service purposes nationwide, as outlined by Judge Sutton.

The lawsuit, initiated in 2019 by four transgender women born in Tennessee, argues that sex should be determined by gender identity rather than external genitalia. However, opposing this view, Judge Helene White expressed in a dissenting opinion that compelling transgender individuals to present birth certificates inconsistent with their gender identity may lead to discrimination and harm. Lambda Legal, representing the plaintiffs, did not provide immediate comments following the ruling.

Tennessee Attorney General Jonathan Skrmetti emphasized that decisions regarding changing the sex designation on birth certificates should remain within state jurisdiction. Skrmetti pointed out that Tennessee has historically viewed a birth certificate as recording the biological sex of a child, not gender identity.