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Tuesday, Jun 25 2019

Full Issue

Court Clears Way For Transgender Kansans To Change Birth Certificates To Reflect Their Sex

Kansas becomes the 48th state to allow these birth certificate changes. A lawsuit filed by three transgender Kansas residents and the Kansas Statewide Transgender Education Project alleged that state policy against changing the gender on birth records violated the equal protection and due process clauses of the U.S. Constitution.

Kansas will allow transgender people to change their birth certificates so the documents reflect their gender identities under a legal settlement that Democratic Gov. Laura Kelly's young administration and LGBTQ-rights advocates announced Monday. The agreement ends a federal lawsuit filed in October by four transgender individuals and the Kansas Statewide Transgender Education Project against officials at the state Department for Health and Environment, which issues birth certificates. (Hanna, 6/24)

The Kansas Department of Health and Environment has entered a consent judgment in a federal lawsuit to allow people to legally change the gender in their birth records by submitting a personal sworn statement of gender identity. In addition, they would have to provide a drivers license or passport with their new identity, or an affidavit from a physician or mental health professional attesting to the person鈥檚 gender identity. The doctor would have to certify that 鈥渂ased on his or her professional opinion the true gender identity of the applicant and that it is expected that this will continue to be the gender with which the applicant will identify in the future,鈥 the consent judgment said. (Lefler and Shorman, 6/24)

The policy change is significant because birth certificates can determine access to education, employment, healthcare, travel and the ability to obtain other identification documents. 鈥淚t actually will affect the day-to-day lives of every transgender person born in Kansas,鈥 said Omar Gonzalez-Pagan, senior attorney at Lambda Legal, which represented the plaintiffs. 鈥淚t means that the state will finally recognize transgender people for who they are and respect that identity.鈥(Margolies, 6/24)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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