Lawyers for plaintiffs said Thursday that transgender people born in North Carolina can now correct the gender designation on their birth certificates without surgery following a federal court-issued consent ruling.
“This is a win-win for all transgender people born in North Carolina that will help them navigate life with safety and dignity,” Lambda Legal’s attorney Omar Gonzalez-Pagan said in a news release.
North Carolina’s requirement that transgender people undergo sex reassignment surgery as part of establishing their identity was at the center of a lawsuit filed last November by an adult and two minors in US Middle District Court in North Carolina.
Among the named defendants in the case was Cody Kinsale, secretary of the state Department of Health and Human Services. The department, which agreed with the consent decision, did not immediately respond to a request for comment on Thursday.
A consent agreement is issued by a judge and is based on an agreement between the parties to settle the issue. Its purpose is to end the trial with an enforceable decision. According to the document, it is not to be construed as acknowledgment, acknowledgment or evidence of liability by the defendant, and cannot be used as evidence of liability in any current or future proceeding.
The lawsuit states that adult plaintiff Lilith Campos is falsely identified as a male on her birth certificate. It also held that another plaintiff, a youth identified as CB in the trial, has been wrongly identified as a woman on his birth certificate, while MD, a girl, has been wrongly identified on his birth certificate as a woman. has been identified as male.
“I am delighted to see that the state of North Carolina should now recognize us for who we are,” said Campos, a transgender woman born in North Carolina. “It was humiliating and dehumanizing that I was denied a birth certificate just because I didn’t have surgery.”
The news release said the 17-year-old CB applauded the decision, as did the plaintiff MD’s mother.
“I am delighted that my daughter will be able to correct and align all her documents which will allow her to avoid discrimination or exclusion in school, college, sports or government agencies,” the mother said. “No child or family should go through this trauma simply because the government does not want transgender people to recognize who they are.”
A news release said that under the consent decision, the state’s Department of Health and Human Services and other state government officials would be required to provide accurate birth certificates, indicating an applicant’s gender, that would be relevant to their gender identity. is consistent, without surgery, a news release said.
Specifically, a transgender person born in North Carolina may submit a sworn statement on their birth certificate with a passport, a state-issued identification, or certification issued by a licensed health care professional, social worker, or case manager. can correct. Which confirms the gender identity of the person.
According to the news release, information will be released later when the new process goes into effect.
Lambda Legal said it has successfully challenged restrictions on attempts by transgender people to obtain accurate birth certificates showing their identity in Idaho, Kansas, New York, Ohio and Puerto Rico. The legal group said challenges are pending in Tennessee and Oklahoma.
According to Gonzalez-Pagan, Campos faced employment discrimination. He said his employer did not provide coverage for gender-affirming care in the business’s health insurance plan, preventing him from performing state-required surgeries.