Idaho must allow transgender people to change birth certificate sex

State officials in Idaho “must begin accepting applications made by transgender people to change the sex listed on their birth certificates on or before April 6,” a federal court ruled this week, finding the state’s current policy unconstitutionally discriminates against trans people.

Applications to change gender markers on birth certificates, according to the ruling, “must be reviewed and considered through a constitutionally-sound approval process,” and “upon approval, any reissued birth certificate must not include record of amendment to the listed sex.” In the case of a name change, “any reissued birth certificate must not include record of the name change.”
In this Jan. 19, 2007, file photo, visitors leave the James A. McClure Federal Building & United States Courthouse in downtown Boise, Idaho. A federal judge says Idaho can’t continue automatically rejecting applications from transgender people seeking to change the gender listed on their birth certificates. Troy Maben / AP

Lambda Legal Senior Attorney Peter Renn, who worked on the case, said Idaho “previously had a policy of categorically refusing to correct the gender markers of transgender people and the court unequivocally said that is unconstitutional.” NBC

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