Tennessee Ban on Birth Certificate Sex Change Upheld by Federal Appeals Court

Published on July 15, 2024

A federal appeals court has upheld Tennessee’s policy of barring people from changing the sex designation on their birth certificates, arguing that the ban does not violate constitutional rights and that the state has a legitimate interest in maintaining accurate and consistent vital records. The Sixth U.S. Circuit Court of Appeals ruled 2–1 on July 12 to affirm a district court’s decision to uphold Tennessee’s policy of not allowing amendments to the sex listed on birth certificates based on gender identity. “There is no fundamental right to a birth certificate recording gender identity instead of biological sex,” Judge Jeffrey Sutton wrote for the majority....