A federal judge dismissed a lawsuit that pushed to reverse a Tennessee law prohibiting transgender individuals from changing the sex listed on their birth certificate. When the lawsuit was filed, Tennessee was one of only three states with such laws. The other states included Kansas and Ohio, both of which have since allowed transgender individuals to change the sex designation on their birth certificates.
The lawsuit aimed to overturn a 1977 law that the plaintiffs argued was discriminatory against transgender individuals. Despite the plaintiffs’ efforts, U.S. District Judge Eli Richardson dismissed the complaint, writing in his decision that while there are varying definitions of “sex,” the term “has a very narrow and specific meaning” for the purpose of birth certificates: “external genitalia at the time of birth.” Within this specific definition, Richardson wrote that the sex designation does not later become inaccurate "when it is eventually understood to diverge from the transgender person's gender identity."
The lawsuit was originally brought forward by Tennessee plaintiff Jason Scott and three transgender women in 2019. The suit names Kayla Gore as the lead plaintiff.
After enrolling at his local community college, Scott was required to present a transcript to complete the enrollment process. However, in order to obtain a transcript he had to provide a copy of his birth certificate which listed him as being born female, an identity Scott argued does not reflect him.
Gore details facing similar circumstances when he tried enrolling in community college. In the lawsuit, the plaintiffs challenged the state’s Vital Records Act which includes a provision that “the sex of an individual shall not be changed on the original certificate of birth as a result of sex change. However, there are certain circumstances in which an individual can change their birth certificate, including instances in which an individual provides a notarized affidavit and “documentary evidence showing the correct sex of the individual.” Nevertheless, the plaintiffs argued that the state’s law served no legitimate government interest, but instead was another way in which the transgender community faced undue discrimination.
Like many states, Tennessee does allow transgender residents to change their gender as listed on their driver’s licenses and state identification cards.
While some states have found similar laws unconstitutional, others including Montana, North Dakota, and Oklahoma have adopted similar policies as Tennessee.
The plaintiffs’ attorney, Omar Gonzalez-Pagan, criticized the ruling and pointed out that it was another concerted effort by the state to curb transgender rights. The state has been the center of national controversy regarding recently proposed and subsequently shot-down legislation regarding drag shows in public.
Lead plaintiff Kayla Gore also criticized the ruling, sharing that she was disappointed that the judge did not let her or the other plaintiffs plead their case. “Tennessee’s discriminatory birth certificate policy has not only gravely impacted my life, but also presents a roadblock for all transgender Tennesseans," Gore shared.
