Federal appeals court rules Tennessee's birth certificate policy does not discriminate against transgender people

A 2-1 ruling by a federal appeals court panel upheld Tennessee's policy of not allowing transgender individuals to change the sex designation on their birth certificates. The decision, which confirmed a 2023 district court ruling, was written by 6th U.S. Circuit Court of Appeals Judge Jeffrey Sutton.

Legal Viewpoint

Judge Sutton stated that there is no fundamental right to a birth certificate recording gender identity instead of biological sex. He emphasized that Tennessee's policy has been in place for over half a century and "long predates medical diagnoses of gender dysphoria." Sutton also pointed out the variation in states' practices regarding changes to birth certificates, with only 11 states currently allowing a change based solely on a person's declaration of their gender identity.

Government Interest

Sutton highlighted that Tennessee birth certificates reflect the sex assigned at birth, which is used for statistical and epidemiological activities informing the provision of health services nationwide. He questioned how the government could keep uniform records if it allowed the disparate views of its citizens to control the information collected.

Plaintiffs' Argument

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 subjected transgender people to discrimination, harassment, and violence when they had to produce a birth certificate for identification that contradicted their gender identity.

Dissenting Opinion

In a dissenting opinion, Judge Helene White, representing Lambda Legal, stated that forcing a transgender individual to use a birth certificate indicating sex assigned at birth could lead to harm and discrimination, as well as causing others to question the individual's identity.

State's Stance

Tennessee Attorney General Jonathan Skrmetti responded by asserting that the issue of changing the sex designation on a birth certificate should be within the authority of the states. He emphasized that Tennessee has consistently recognized a birth certificate as recording a biological fact and has never addressed gender identity.