A federal lawsuit was filed last week that seeks to enable trans people born in New Jersey to change the gender on their birth certificate without undergoing gender-confirmation surgery.
The plaintiff, “Jane Doe,” is a New Jersey trans woman with gender dysphoria who wishes to change the gender on her birth certificate without undergoing gender-confirmation surgery.
On Nov. 18, attorneys Julie Chovanes and Paul R. Fitzmaurice filed a federal lawsuit on behalf of Doe in Camden. The suit contends that trans people are entitled to accurate birth certificates, regardless of their surgical status.
The defendants are state Registrar Vincent T. Arrisi and state Health Commissioner Cathleen D. Bennett, along with the agencies they head: the New Jersey Office of Vital Statistics and the New Jersey Department of Health, respectively.
They couldn’t be reached for comment by presstime.
New Jersey currently requires gender-confirmation surgery prior to the issuance of a revised birth certificate with a different gender.
According to Doe’s lawsuit, the requirement violates state and federal laws, including the equal-protection and due-process clauses of the 14th Amendment, the Americans With Disabilities Act and New Jersey’s Law Against Discrimination.
“The requirement harms [Doe] by forcing her to undergo surgery that she does not want and forces [Doe] to sterilize herself before she is allowed a correct birth certificate,” the suit states.
Many trans people with gender dysphoria aren’t appropriate candidates for gender-confirmation surgery yet they still need accurate birth certificates, according to the suit.
The attorneys also noted that several states, including Pennsylvania, New York, California, Iowa, Oregon, Vermont and Washington, permit gender changes to birth certificates without requiring gender-confirmation surgery.
Additionally, the attorneys noted that New Jersey doesn’t require gender-confirmation surgery to change a gender marker on a driver’s license.
“A birth certificate is a fundamental identification document and, without their gender being accurately stated on their birth certificates, trans people with gender dysphoria who have not undergone [surgery] may undergo suffering, emotional and mental distress,” the attorneys wrote in the suit.
They also blasted New Jersey Gov. Chris Christie.
“Gov. Christie declared on a radio show, shortly after vetoing a bill that would have provided birth-certificate protections like those sought here for trans people, that people like [Doe], who do not desire to open their genitalia for the governor’s inspection in order to obtain an accurate birth certificate, are ‘beyond the pale.’ The governor was then heard laughing at people like [Doe] and others,” they wrote.
A spokesperson for Christie had no comment about the suit by presstime.
The attorneys requested that state officials be ordered to “provide accurate birth certificates to trans people according to their gender identity or expression without requiring any medical or other procedure.”
Doe is also seeking compensatory and punitive damages, along with reasonable attorneys’ fees.
The case has been assigned to U.S. District Judge Michael A. Shipp.
Shannon P. Minter, legal director of the National Center for Lesbian Rights, issued this statement: “This is an important case. The medical community recognizes that a transgender person’s identity as male or female is an inherent part of who they are. Transgender people need ID that reflects who they are and how they are living their lives. It is irrational to require a transgender person to undergo surgical treatment, as more and more states have recognized. It is time for New Jersey to update its law to reflect current medical science and best practices.”
Chovanes expressed optimism that the suit will be successful.
“Trans people shouldn’t have to undergo sterilization in order to obtain a correct birth certificate,” Chovanes told PGN. “I’m confident that New Jersey officials will do the right thing and issue accurate birth certificates to trans people, regardless of their surgical status. And we applaud the bravery of our plaintiff in bringing suit.”