A federal appeals court panel ruled 2-1 that Tennessee's policy of prohibiting changes to the sex designation on birth certificates does not unconstitutionally discriminate against transgender individuals. Judge Jeffrey Sutton of the 6th U.S. Circuit Court of Appeals wrote for the majority, affirming a 2023 district court ruling. He argued that there is no fundamental right to a birth certificate reflecting gender identity rather than biological sex and noted the policy's longstanding nature, predating medical recognition of gender dysphoria. Sutton also pointed out the diversity in states' practices regarding changes to birth certificates, with only 11 states allowing changes based solely on an individual's declaration of gender identity.
Judge Sutton explained that Tennessee's birth certificates record the sex assigned at birth for statistical and epidemiological purposes, which help guide national health services. He questioned how the government could maintain uniform records if it were influenced by diverse societal norms regarding gender identity. The plaintiffs, four transgender women born in Tennessee, argued that sex should be determined by gender identity, defining it as an individual's core internal sense of their own gender. Their lawsuit, filed in 2019, claimed that Tennessee’s prohibition lacks legitimate government interest and subjects transgender individuals to discrimination, harassment, and violence.
In a dissenting opinion, Judge Helene White supported the plaintiffs, emphasizing that requiring transgender individuals to use a birth certificate indicating sex assigned at birth leads to questioning their identity and invites harm and discrimination. She argued that this inconsistency in identification causes significant issues for transgender people. While Lambda Legal, representing the plaintiffs, did not immediately respond to requests for comment, Tennessee Attorney General Jonathan Skrmetti maintained that the decision to change the sex designation on birth certificates should be made by the states.
