Federal appeals court allows Oklahoma birth certificate gender change case to proceed

Several Certificate of Vital Records for Birth (Getty Images)

OKLAHOMA CITY – A federal appellate court has ruled against a state ban prohibiting individuals from changing their gender on birth certificates.

The 10th Circuit Court of Appeals in a decision Tuesday found that the state policy “is not rationally related to the Defendant’s asserted interest in the accuracy of vital statistics.”

Lambda Legal, which advocates for LGBTQ+ rights and represents the plaintiffs, praised the decision.

“This ruling stands as a monumental win for the transgender community in Oklahoma and nationwide, sending a clear message to lawmakers everywhere that unconstitutional discrimination against transgender people will not be tolerated by the courts,” said Peter Renn, senior counsel. “This ruling comes at a critical time amidst a surge in anti-transgender policies of all stripes across the country.”

Gov. Kevin Stitt in 2021 issued an executive order prohibiting the Oklahoma State Department of Health from changing gender or sex on birth certificates.

His action came after the state health department issued Oklahoma’s first nonbinary birth certificate to an Oregon resident.

Three transgender individuals sued over Stitt’s order. The district court dismissed the case. The plaintiffs appealed.

The three allege the state prohibition means the sex on their birth certificates does not match their gender identities, and it forces them to involuntarily disclose that they’re transgender when providing birth certificates to others, a violation of their due process right to privacy.

The court found that the ban purposefully discriminates on the basis of transgender status and sex.

“I’m always going to protect Oklahoma values and our way of life,” Stitt said in response to the decision. “My executive order from 2021 made it clear that Oklahoma birth certificates will align with science and Oklahoma law, not a social agenda. Oklahoma will continue that fight as it continues to work through the courts.”

The court wrote that the state’s inability to offer a legitimate justification for the policy suggests it was motivated by animus towards transgender people.

“There must be some rational connection between the policy and a legitimate state interest,” the opinion said. “There is no rational connection here — the Policy is in search of a purpose.”

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