Texas denies trans people the ability to change the sex on their birth certificates

Texas has eliminated the ability for transgender people to alter the sex marker on their birth certificates. The new policy change, which was made with no forewarning or announcement, will put trans people at risk of discrimination.

Previously, trans people could change the sex marker on their birth certificates by presenting proof of gender-affirming surgery, a court order signifying that they had “fully transitioned” and supporting statements from medical professionals. These are no longer sufficient, a spokesperson for the Department of State Health Services (DSHS) told The Texas Newsroom. Now, birth certificates can only be changed for children due to a hospital error or omission.

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Right-wing Attorney General Ken Paxton ordered the man’s personal info to be added to a list of transgender Texans that he’s compiling.

Additionally, the DSHS website previously listed directions on how to change one’s assigned sex at birth on their birth certificate — the directions have since been removed.

“Recent public reports have highlighted concerns about the validity of court orders purporting to amend sex for purposes of state-issued documents. DSHS is seeking assistance from the Office of Attorney General to determine the applicability of these concerns to amendments to vital records,” said DSHS spokesperson Chris Van Deusen. Van Deusen was likely referencing state Attorney General Ken Paxton’s continued efforts to oppose the legal recognition of trans people in Texas.

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Last week, Paxton blocked trans people from being able to change the sex marker on their driver’s license. This is part of his sweeping policy to oppose gender-affirming care for trans people, particularly trans minors, who have reported mental and emotional distress over laws targeting their educational and healthcare rights.

Paxton’s crusade is also part of an onslaught of policies across the country to deny any legal recognition of trans people. Five other states are enacting policies restricting birth certificates, according to the Movement Advancement Project.

The Transgender Education Network of Texas (TENT) wrote of the new policy changes on Instagram, stating, “We are committed to keeping the community safe and will do all we can to assure trans Texans can get the most accurate information as possible through these rolling changes.”

“Trans people have and always will exist. We will continue the legacy of our trans ancestors by fighting back, creating spaces for joy, and living our lives to the best of our abilities. Our transness is not determined by a piece of paper and cannot be taken away by hateful policies. We will overcome transphobic bigotry,” TENT’s post added.

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“Texas Attorney General Ken Paxton has bullied state agencies into denying the specific types of updates that transgender Texans need,” wrote Johnathon Gooch, communications director for Equality Texas. “Ironically, that means the state’s top legal officer has instructed state agencies to deny court orders from state judges. So, what should be a simple administrative task has now become a nightmare.”

Because birth certificates are used to help correct the gender markers on trans people’s driver’s licenses and other government-issued identity documents, if these commonly used documents don’t match their gender identity, it effectively outs a person as trans. This outing can lead to difficulty accessing various services as well as harassment and violence.

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