Appeals Court Revives Lawsuit Against Oklahoma’s Ban on Changing Sex on Birth Certificates

Published on June 19, 2024

A federal appeals court on June 18 revived a lawsuit against Oklahoma’s prohibition on changing the sex listed on birth certificates. The prohibition, which came from an executive order issued by Oklahoma Gov. Kevin Stitt, “purposefully discriminates on the basis of transgender status and sex,” a panel of the U.S. Court of Appeals for the Tenth Circuit said, overruling the 2023 dismissal of the case by a lower court. U.S. Circuit Judge Carolyn McHugh, writing for the panel, said that because “cisgender people” still have birth certificates that reflect their “gender identity” but transgender people do not, the policy has a disparate impact that “indicates discriminatory intent.”...