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

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."