Federal Appeals Court Upholds Tennessee’s Birth Certificate Policy

Federal Appeals Court Upholds Tennessee’s Birth Certificate Policy

Court Decision on Birth Certificate Gender Designation

A federal appeals court panel has ruled that Tennessee’s policy of not allowing the change of sex designation on birth certificates does not unconstitutionally discriminate against transgender individuals. The decision was delivered in a 2-1 ruling on Friday by the 6th U.S. Circuit Court of Appeals.

Federal Appeals Court Upholds Tennessee’s Birth Certificate Policy : Judge Sutton’s Majority Opinion

Judge Jeffrey Sutton, writing for the majority, stated, “There is no fundamental right to a birth certificate recording gender identity instead of biological sex.” The decision supports a 2023 district court ruling. According to Sutton, the plaintiffs failed to prove that Tennessee’s policy was motivated by animus towards transgender people. He highlighted that the policy has been in place for over fifty years, predating medical diagnoses of gender dysphoria.

Sutton noted the variability in state practices regarding birth certificate changes. Some states require medical evidence of surgery, others need lesser medical evidence, and only 11 states allow changes based solely on an individual’s declaration of gender identity.

Implications for Health Services

The ruling emphasized that Tennessee birth certificates record the sex assigned at birth, which is crucial for statistical and epidemiological purposes, impacting health services nationwide. Sutton questioned the feasibility of maintaining consistent governmental records if they were subject to individual citizens’ varying perspectives on societal norms.

Plaintiffs’ Arguments and Dissenting Opinion

The plaintiffs, four transgender women born in Tennessee, argued that sex should be determined by gender identity rather than external genitalia. They claimed that Tennessee’s prohibition lacks a legitimate government interest and subjects transgender individuals to discrimination and violence due to mismatched identification documents.

In her dissenting opinion, Judge Helene White supported the plaintiffs’ stance, asserting that forcing transgender individuals to use birth certificates indicating sex assigned at birth invites questioning of their identity and potential discrimination. “This inconsistency also invites harm and discrimination,” White wrote.

Reactions and Statements

Lambda Legal, representing the plaintiffs, did not immediately respond to requests for comment. Tennessee Attorney General Jonathan Skrmetti issued a statement supporting the ruling, emphasizing that the issue should be left to individual states. “For decades Tennessee has consistently recognized that a birth certificate records a biological fact of a child being male or female and has never addressed gender identity,” Skrmetti said.

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