A federal appeals court has upheld a lower court’s decision, ruling that Tennessee’s policy of not allowing transgender individuals to change the sex designation on their birth certificates does not violate the constitution. The 2-1 decision, delivered by the 6th U.S. Circuit Court of Appeals, found that the state’s practice has been in place for over 50 years and predates medical diagnoses of gender dysphoria.
The ruling, written by Judge Jeffrey Sutton, notes that states’ policies on birth certificate changes vary widely, with some requiring medical evidence of surgery and others accepting lesser proof. Only 11 states currently allow changes to birth certificates based solely on a person’s declaration of their gender identity.
The four transgender women born in Tennessee who brought the lawsuit argued that sex should be determined by gender identity, rather than external genitalia. They claimed that Tennessee’s prohibition on changing birth certificates serves no legitimate government interest and subjects transgender people to discrimination, harassment, and violence.
Judge Helene White dissented, agreeing with the plaintiffs that forcing transgender individuals to use a birth certificate indicating their assigned sex at birth can cause harm and discrimination. She noted that the inconsistency between a person’s gender identity and their birth certificate can lead to questioning about the individual’s identity and invite harm.
Tennessee Attorney General Jonathan Skrmetti praised the decision, saying that the question of changing the sex designation on a birth certificate should be left to the states. He noted that Tennessee has consistently recognized that a birth certificate records a biological fact and has never addressed gender identity.
The decision has sparked controversy, with some arguing that it undermines the rights of transgender individuals and perpetuates discrimination. Others have hailed the ruling as a victory for states’ rights and the authority to determine their own policies on birth certificate changes.
