A federal appeals court heard arguments over a Tennessee policy that bars transgender individuals from changing the sex designation on their birth certificates. The lawsuit, filed by transgender Tennesseans in 2019, argues that the policy is unconstitutional, leading to discrimination, harassment, and violence. Last year, a federal judge dismissed the case, stating that “sex” on birth certificates in Tennessee refers specifically to external genitalia at birth. Attorney Omar Gonzalez-Pagan argued for the transgender plaintiffs, emphasizing the importance of birth certificates as critical identity documents. The plaintiffs argue that self-identification should be sufficient to change the sex designation on birth certificates.
During the hearing, the judges questioned whether it would be constitutional for a state to allow changes to the sex on driver’s licenses but not birth certificates. Gonzalez-Pagan highlighted cases where birth certificates are required for identification, such as obtaining a passport. He argued that self-identification should be the only requirement to change a birth certificate. The plaintiffs assert that sex should be determined by gender identity, not external genitalia. Associate Solicitor General Matt Rice, representing Tennessee, argued that the state’s policy is not discriminatory as it reflects a person’s sex based on external genitalia at birth, which is protected government speech.
The case raises questions about varying state policies on changing sex designations on identification documents for transgender individuals. Tennessee is one of five states that do not allow transgender citizens to change the sex on their birth certificates. The case also touched on a recent law in Tennessee defining “sex” as immutable biological sex, which led to a transgender woman suing state officials for refusing to change her driver’s license sex designation. Tennessee’s policy has been in place for over half a century, and Rice argued that it was not enacted with animus against transgender individuals. Laws and policies regarding identification documents for transgender people are evolving across the United States, with recent lawsuits challenging state decisions on sex designations on driver’s licenses.
