Ohio Will Allow Transgender People To Change The Gender Listed On Their Birth Certificates

The Ohio Department of Health declined to appeal a December federal court ruling requiring the agency to accept requests from transgender people to reflect a gender different from the one assigned at birth, according to a Thursday court filing.

The agency is now working on a process for people to request the change and expects to have it in place by June 1, The Cincinnati Enquirer reported Tuesday.

The Ohio Department of Health is also “updating its communications on this issue to reflect compliance with the Court’s December 16, 2020 Order,” according to the filing.

The U.S. District Court for the Southern District of Ohio found that the state’s rule that prohibited making a change to a person’s gender on their birth certificate was unconstitutional. The court ruling came in response to a lawsuit brought by four transgender people.

Judge Michael Watson rejected the state’s arguments that the policy helped prevent fraud and maintain a historically accurate record of its citizenry, calling such justifications “nothing more than thinly veiled post-hoc rationales to deflect from the discriminatory impact of the policy.”

Ohio and Tennessee are the last two states to prevent transgender people from making gender changes on their birth certificates.