Federal judge allows transgender birth certificate lawsuit to proceed

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Transgender birth certificate lawsuit allowed to proceed

Four Ohio transgender individuals that filed a lawsuit against state officials (over a policy that barred changes to be made to recorded gender in birth certificates) are much closer to getting a trial in a complaint that was filed over a year ago.

The courtroom dates have not been set and are not likely to be scheduled for this year. However, a Columbus federal judge denied a motion by state officials to dismiss the lawsuit.

US District Judge Michael H. Watson has allowed the case to move forward through a 33-page order dated September 12.

The judge believes the state allows people to change their gender on their driver’s license or state ID card.

“Assuming the allegations in the complaint are true, particularly plaintiffs’ assertion that ‘gender identity is the critical determinant of sex,’ the court is not convinced that Ohio law prohibits plaintiffs’ request,” the ruling reads.

Staff attorney for the American Civil Liberties Union of Ohio, Elizabeth Bonham, who is representing the plaintiffs, stated that the case was going to proceed ahead since the court had recognized the policy’s serious constitutional infirmities.

The plaintiffs sued the heads of the state office of Vital Statistics and the Ohio Department of Health in March 2018, claiming the birth certificate policies in the state to be unconstitutional.

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