Texans can’t change gender on birth certificates with court order, state agency says

AUSTIN (KXAN) — Texans will “no longer” be able to use a court order to change the sex on a birth certificate, the Department of State Health Services, or DSHS, said Tuesday.

In August, an internal Texas Department of Public Safety email, obtained by KXAN, said it wouldn’t accept court orders or amended birth certificates that change a person’s sex if it differs from the documentation the department already has on file.

In its statement, DSHS cited “recent public reports” as part of the reason it will not accept a court order.

“Recent public reports have highlighted concerns about the validity of court orders purporting to amend sex for purposes of state-issued documents. DSHS is seeking assistance from the Office of Attorney General to determine the applicability of these concerns to amendments to vital records,” DSHS said in a statement to KXAN.

Prior to DPS’ switch, transgender Texans could obtain a medical evaluation and present a court order directing DPS to change the gender on their driver’s license. The Texas Attorney General is now calling into question whether those orders are enforceable.

“The Office of the Attorney General has recently raised concerns regarding the validity of court orders being issued which purport to order state agencies – including DPS – to change the sex of individuals in government records,” DPS told Nexstar on Wednesday. “The lack of legislative authority and evidentiary standards for the Courts to issue these orders has resulted in the need for a comprehensive legal review by DPS and the OAG.”

Transgender rights lawyers say the new policy denies transgender Texans equal recognition by their state.

Lambda Legal attorney Shelly Skeen previously told Nexstar the state’s policy change on driver’s licenses may spark legal challenges.

“It is inappropriate for them [state agencies, or anyone] to ignore court orders,” UT law professor Lawrence Sager said. Sager has a focus on constitutional law. “In extreme cases, judges have the authority to hold officials in contempt… Sooner or later, one imagines that this controversy will come to rest.”

Sager said he expects this issue to make it to a federal court. There’s also been some discussion of civil rights groups taking legal action, as well.

Ryan Chandler contributed to this story.

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