A federal lawsuit was filed May 13 that seeks to end a state policy requiring trans people to undergo gender-confirmation surgery before the gender on their birth certificate will be changed.
Named as defendants are Debra Romberger, director of the state’s Division of Vital Records, and Karen Murphy, secretary of the state’s Department of Health.
Neither official could be reached for comment.
According to the suit, requiring trans people to undergo gender-confirmation surgery in order to obtain an accurate birth certificate violates the equal-protection clause of the Fourteenth Amendment. The birth-certificate policy also violates Pennsylvania’s “established law and policy banning transgender discrimination in state employment and by state contractors,” according to the suit.
Non-trans people aren’t required to undergo surgery to obtain accurate birth certificates, the lawsuit notes.
“Defendants’ policy, in providing inaccurate birth certificates to trans individuals with gender dysphoria — but who had not or will not undergo gender-confirmation surgery — while at the same time providing accurate birth certificates to all others, is without any rational basis,” the lawsuit states.
The plaintiffs are “John Doe” and “Jane Doe,” trans Pennsylvanians who’ve requested anonymity. They’re not related. Both have been diagnosed with gender dysphoria.
But the Americans with Disabilities Act excludes trans-specific medical conditions for antibias coverage. The Does’ suit indirectly challenges the ADA’s exclusion, on the basis that it violates their right to equal protection under the law.
“A birth certificate is a fundamental identification document and, without their gender being accurately stated on their birth certificates, trans people with gender dysphoria but without gender-confirmation surgery undergo constant suffering and emotional and mental distress,” according to the suit.
Treatments for gender dysphoria aren’t limited to gender-confirmation surgery, but may also include breast implants or removal, plastic surgery and hormonal therapies, according to the suit.
“Not all trans people want, need or are able to undergo gender-confirmation surgery,” the suit adds. “Gender-confirmation surgery is expensive and public insurance or private insurance may not cover its costs. [Also, the surgery] may be contraindicated by a trans person’s medical history because of other medical conditions.”
The suit goes on to note that several states have updated their birth-certificate policies “to recognize that an individual’s gender does not depend on surgical status.”
Those states include New York, California, Iowa, Oregon, Vermont and Washington, according to the suit.
The lawsuit demands that accurate birth certificates be issued to plaintiffs and that state officials replace the discriminatory policy with a policy that allows for accurate birth certificates, regardless of surgical status.
Additionally, plaintiffs are seeking compensatory and punitive damages from the state.
Trans attorney Julie Chovanes serves as lead counsel for plaintiffs. She also serves as executive director of Trans-Help, a local non-profit that provides legal and other services for trans people.
“We believe the state’s birth certificate policy violates federal law,” Chovanes told PGN. “Therefore, we believe the suit will be successful and help our plaintiffs and thousands of Pennsylvanians get accurate birth certificates. After all, it’s the right thing to do.”
The case has been assigned to U.S. District Judge John R. Padova. At presstime, Padova hadn’t ruled on plaintiffs’ request to proceed under a pseudonym.
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