Lawsuit: NYC Makes It Difficult for Transgender People To Change Birth Certificate

The three plaintiffs

In 2009 the State Supreme Court ruled that a transgender person seeking a name change does not have to provide proof of any medical procedure justifying the change. But the Transgender Legal Defense and Education Fund says that transgender people still need to jump through hoops to get their birth certificate's sex changed. "A birth certificate is a fundamental form of identification," said TLDEF staff attorney Noah Lewis. "By refusing to give transgender people accurate birth certificates that reflect who they are, the city subjects transgender people to harassment and discrimination in areas like employment where ID is essential to proving eligibility to work."

The suit [pdf] was filed on behalf of three transgender people, who submitted "medical documentation indicating that the sex designation on their birth certificates is incorrect, but because they have not undergone specific surgical procedures required by the city, officials have refused to provide them with updated, accurate birth certificates." The suit claims that the city's requirements are arbitrary, discriminatory, and not even posted on the Health Department's website. The lawyer for Louis Leonard Birney, who underwent female to male surgery in 2009, told the Post, "It's really outrageous. Why do they need a psychiatric evaluation? For what purpose? It's bizarre."

The requirement for a psychiatric evaluation most likely has to do with diagnosing the patient with Gender Identity Disorder and making sure they are serious and committed about getting a sex change. But Joann Prinzivalli claims she couldn't get surgery because of other medical reasons, and was denied a birth certificate change. "This policy is unfair to me and to other transgender people who just want ID that matches who we are," she said. We've contacted the Health Department and the Law Department for more information, but Lewis said, "As long as the City discriminates against transgender people by denying them accurate ID, transgender people will continue to be pushed to the margins of society."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jaya Saxena in News on March 22, 2011 4:25 PM

Comments [rss]

TATOR1216

people are crazy!!! who cares what people do with their lives...grow up its the LAND OF THE FREE remember....if people want to change their sex...who cares....they dont tell you not to do things that make you feel normal....so why not worry about things that matter ...like the economy or your children getting pregnant at 14....GET A LIFE...and leave others alone....

Gina R.

Why should the birth certificate even list gender, let alone as an immutable characteristic? Knowing a random doctor's opinion of someone's phenotypic sex as a newborn isn't going to help you with ANYTHING worthwhile as an adult. NOT ONE THING.

You people who fetishize tradition and pointless recordkeeping while not caring anything about, y'know, PEOPLE? I challenge you to consider the real-life effects of not being able to change your gender marker on your birth certificate - don't slip into cognitive bias and obsess about "accuracy" or whatnot, flex your empathy and consider the effects for real people in the here and now. We have plenty of real flesh-and-blood men and women who can't get a job, medical care, or even a place to stay because of your focus on a piece of paper.

Inconcievable de Impublishable

If a woman gets breast implants to go from an A to a D, that doesn't mean she has natural D-cup breasts. A birth certificate is supposed to say what's real, and a sex change operation doesn't actually change your sex, it's all cosmetic. This is ridiculous. They should not be allowed to change the medical description of their state at birth.

The_Liann

What is ridiculous is your practicing medicine without a license, which is illegal in all 50 states.

Medical professionals recognize that sex is mutable and can be changed. They have medical terms for it, like "sex reassignment" which means sex change to you. You don't get to legislate your ignorance and bigotry into laws which harass your fellow citizens and neighbors.

Even the Birth Certificate clerks agree that sex changes can happen and do happen, medically, they just have an unneeded strict definition of what operations are required before that is a fact. Other govt agencies, like passport and drivers license do not have those harsh discriminatory requirements.

Nobody agrees with your caveman opinions, not even the clerks at the birth certificate office.

Inconcievable de Impublishable

Either you take sperm or you sling it. If you don't sling it, you're not male. If you can't give birth, you're not female. Maybe there should be an "other" option, but people should not be able to elect to define themselves medically.

The_Liann

"People" are the ONLY ONES with the power and authority to elect to define themselves medically. It is far too important to trust to govts made of people like you.

You are a totalitarian, worshiping big intrusive govt. Got it! you can shut up now.

Inconcievable de Impublishable

I am now a duck. I want that on my driver's license. If I can't have that, I'm going to sue someone. I demand to be treated as a duck! Idiotic.

The_Liann

Yes, but are you now a male duck or a female duck? BTW, there is no law against killing duck -- maybe a small fine for killing out of duck season. But it is your decision.

Inconcievable de Impublishable

If you want to run the risk of murdering a human who is legally listed as a duck, you're quacking nuts. Besides, I'm a panda now.

Kyle Uehara

There is no medical condition of ANYONE being two species. There are TONS of medical conditions that completely contradict what we see as a male or female, from genital and chromosomal to neurological or whatever type of condition you have. Not once is there a type of medical issue where someone is a horse or whatever nonsense you spew out your mouth.

Inconcievable de Impublishable

No, I've switched species. I am no longer human. This is what I've felt since I was very young, and it's how I want to live my life. Why can't you just accept that and provide me with legal documentation which reflects my choice of identity? By the way, I'm marrying this seashell. She wasn't born on US soil, so who do we talk to at immigration?

Gina R.

Sure. Show me evidence that you've lived as a non-human species for a reasonable length of time. Also show me the statistics for people with transspeciesism that indicate functional impairment and suicidality when the condition is untreated. Show me the opinion of a certified therapist that you'd be a happier and more functional member of society if you were able to transition species. Also, show me evidence of the seashell's consent to marriage.

Inconcievable de Impublishable

Blast!

Zoe Ellen Brain

So women who have reached menopause are no longer women, and men who have had vasectomies are no longer men.

*Facepalm*

Inconcievable de Impublishable

No, once you are sex by nature, you cannot change that nature in functional ways, only cosmetic ways.

robingee

And yet... mentally disturbed people are allowed to post on message boards where the normal people are talking. Equal rights! 'MERICA!

PaulaNYC

STOP!!! Just stop with this nonsense! I am sick to death of giving MENTALLY DISTURBED people special rights!!!!

I'm of Korean descent, but I consider my self wholly American. If I wanted to change my name to "Smith" or "Jones", I'd have to go get a court order.

STOP changing EVERYTHING because somebody says, "Oh, we're GY or "Oh, we're TRANSGENDERED, so give us special privileges."

Zoe Ellen Brain

You want to change your name to "Smith" or "Jones"?

Very well. We'll require proof that you've had surgery of course.

Blehroplasty (eyelid surgery) so you look European. Evidence that you've lived as a European for at least two years. A Psychiatric report that says you think in European not Asian ways. Possibly skin bleaching too - we won't tell you what we require, you'll have to guess. Maybe dental work.

That's the kind of thing that Trans people have to go through.

Yes, you're American, no-one doubts that. To require you to change your appearance to "reflect your American Identity" would be bizarre, wrong, inhuman and just plain silly. But that's what Trans people are called on to do by the law, and at their own expense. Even if they're not permitted to have surgery of any kind.

But the Department of Health has gone beyond that. By law, they need evidence that some surgery of some kind has been performed, and that a medic has stated that's enough.

But now they want Psych reports, reports of detailed medical procedures so they can second-guess what was appropriate, multiple reports from multiple medics, and then no guarantees.

The_Liann

By special privileges you mean those demented mentally disturbed religious wackos and their imaginary friend, who get tax breaks on meeting halls where they teach hate and bigotry against others? Those special privileges?

It is not a special privilege in America, Land of the Free, With Liberty For All, for me to change my sex anytime I feel like it. I don't need your permission and you have no special privileges to stop me, and you have no special privileges to punish me for making a 100% legal and private decision. YOU are the one seeking SPECIAL PRIVILEGES, power to compel your fellow Americans to behave according to dictates of your imaginary friend's book of frauds.

California is so full of actors who changed their names that you just go to the DMV and tell them your name. The drivers license will have what you told the clerk, and the official record at the office will have "AKA Prior Name". No judge is required.

Guest

Yet you want the 'special' right to jail, kill, insult anyone that doesn't look, think, and act exactly as you do. You are clearly the most mentally disturbed person on this board.