By Aaron Miller-
A federal judge has condemned the state of Idaho for automatically rejecting applications from trans gender people seeking to change the gender listed on their birth certificates.
A federal judge ruled this week Idaho officials must allow transgender people to change the sex on their birth certificates.
The lawsuit was launched by two transgender women born in Idaho, after a failure in their initial attempt to amend the gender listed on their birth certificates.
The aggrieved women contested the state’s law,which only allows a change to the sex listed on birth certificates if there was a mistake that violated their constitutional rights.
“Mismatches between identification documents and outward gender presentation can create risks to the health and safety of transgender people,” wrote U.S. Magistrate Judge Candy W. Dale in her order issued Monday.
The defendants, employees of the Idaho Department of Health and Welfare, conceded the law violated the Equal Protection Clause of the Constitution, but told the judge the state must have a court order to alter its policy.
U.S Magistrate Judge Candy Dale concluded that rules by the Idaho Department of Health and Welfare violate the Equal Protection Clause of the U.S Constitution. In her ruling issued on Monday, Magistrate Judge Candy W.Dale said:
“Mismatches between identification documents and outward gender presentation can create risks to the health and safety of transgender people,
The defendants who were employees of the Idaho Department of Health and Welfare, were forced to concede the law violated the Equal Protection Clause of the Constitution, but told the judge the state must have a court order to alter its policy.
Idaho was one of four states including Kansas, Ohio and Tennessee that prohibit transgender people from changing their birth certificate to reflect their gender identity.
With this historic ruling on the rights of transgenders with respect records of their birth certificates, the other three states will be expected to reconsider their position on transgender rights, but different states have different laws relating to various areas. If the legal grounds for the change in law is logically based, it should be adopted by the other states if indeed they are upholding the rule of law.
She said on Monday the state must begin considering applications to change the sex listed on birth certificates under new, constitutionally sound rules by April 6.
The ruling also says reissued birth certificates can not include a record of the gender having been changed.
Most states already allow such changes but Idaho was one of four — including Kansas, Ohio and Tennessee — prohibiting transgender people from changing their birth certificate to reflect their gender identity