It was almost a month ago that a federal judge ordered Idaho to change its birth certificate policy. So now it is Ohio's turn.
Four transgender Ohioans (listed as Stacie Ray, Jane Doe, Ashley Breda, and Basil Argento) sued the state of Ohio on Thursday because of the state's policy not to allow changes to the gender listed on their birth certificates.
The American Civil Liberties Union, which is representing the plaintiffs, said the requirement prevents the three females and one male from obtaining a document essential to everyday living and subjects transgender people to discrimination and potential violence.
Ohio's categorical bar stands in sharp contrast to the approach of nearly all other states and the District of Columbia, which have established processes by which transgender people can correct the gender marker on their birth certificate.
--the lawsuit
The action further claims the birth certificate rule imposed by the Ohio Department of Health and state Office of Vital Statistics also is inconsistent with Ohio's practice of permitting transgender people to correct gender markers on their driver's licenses and state identification cards.
A birth certificate tells the world who we are. Ohio's birth certificate policy refuses to provide transgender individuals -- and only transgender individuals -- with a birth certificate that accurately conveys their gender identity.--Susan Becker, ACLU of Ohio
The ACLU, ACLU of Ohio and Lambda Legal filed the complaint in the U.S. District Court for the Southern District of Ohio. The complaint names Ohio Department of Health Director Lance Himes as a defendant, as well as the director and state registrar of the Ohio Office of Vital Statistics.
We have attempted for years to do this administratively and they refuse to do it. We've met with them. We've had phone conferences with them. We've provided them information and sample policies and they still will not do this.--Melissa Alexander, TransOhio
With this lawsuit, the ACLU is sacrificing medical accuracy for political ideology by attempting to force the state to falsify official records. A birth certificate that doesn't accurately reflect the biological realities of an individual becomes a meaningless, if not harmful document.--Aaron Baer, Citizen's for Community Values
Stacie Ray, one of the plaintiffs in the case, said she was threatened with physical violence by a coworker who learned she was a transgender woman after a human resources official loudly questioned Ray about why her birth certificate listed her as male. Ray, a truck driver, has been unable to obtain a hazardous materials endorsement needed for a promotion because her mismatched documents were rejected for a required background check, according to the complaint.
The full complaint can be read here.
Tennessee and Kansas? We'll be coming for you as well.