Raleigh, N.C. — Three transgender individuals sued the state Department of Health and Human Services on Tuesday over the agency’s policy regarding the gender listed on someone’s birth certificate.
The policy states that the gender on the birth certificate cannot be changed unless an individual undergoes gender reassignment surgery.
“I believe it is unjust, unfair and discriminatory for the state to require that I undergo a surgery in order to provide me with an accurate birth certificate,” said Lillith Campos, one of the plaintiffs in the federal lawsuit.
Campos is a transgender woman, but her birth certificate identifies her as a man.
“It’s dehumanizing and demoralizing just knowing my birth certificate doesn’t match who I am,” she said.
Lambda Legal, a national LGBTQ advocacy group, is representing her and two minors who believe birth certificates should reflect a person’s current identity.
“A birth certificate is more than just a piece of paper, it is a quintessential identity document which follows a person from birth until death,” said Carl Charles, an attorney with Lambda Legal. “It is essential to every person’s ability to navigate through life.”
Charles noted that birth certificates are needed to register for school and sometimes apply for a job.
Katie Jenifer said the lack of an accurate birth certificate prevented her 14-year-old transgender daughter from signing up for a girls softball team.
“Not having a correct birth certificate for our daughter has caused discrimination for [her],” Jenifer said. “My daughter is a child, and the state’s requiring surgery is unrealistic.”
Having a gender on your birth certificate that differs from how you identify can put a person at risk of being outed, Campos said.
“This has an emotional and mental impact on us because it causes stress and fear of discrimination,” she said. “How long will I be safe for? When will having an incorrect identification document catch up to me, and I’m outed or placed in danger?”
The state Division of Motor Vehicles requires only a doctor’s note to affirm someone’s gender identity before changing that information on the person’s driver’s license.
Thirty-four states allow people to change the gender on their birth certificates without surgery, and the lawsuit seeks a court order declaring that North Carolina’s policy is unconstitutional, allowing transgender individuals to correct their birth certificates.
A DHHS spokeswoman said the agency doesn’t comment on pending litigation.
