A coalition of 12 LGBT-advocacy groups wants to be heard in a federal case that will determine whether trans people born in New Jersey can change the gender on their birth certificates without undergoing gender-confirmation surgery.
The groups hope a federal judge will accept their amicus brief in a case filed by “Jane Doe,” a New Jersey trans woman.
Doe has gender dysphoria and seeks to change the gender designation on her birth certificate without undergoing surgery.
New Jersey currently requires proof of gender-confirmation surgery prior to issuing a trans person a birth certificate with a revised gender.
Doe’s lawsuit, filed in November, remains pending before U.S. Magistrate Judge Douglas E. Arpert, based in Camden.
New Jersey officials recently filed court papers urging dismissal of Doe’s suit.
Members of the coalition are Bay Area Lawyers for Individual Freedom, Gay & Lesbian Advocates & Defenders, Gender Justice, Intersex & Genderqueer Recognition Project, LGBT Bar Association of Greater New York, National Center for Lesbian Rights, National Center for Transgender Equality, National LGBT Bar Association, National LGBTQ Task Force, Transgender Legal Defense & Education Fund, Trans United and Whitman-Walker Clinic.
The agencies say in their brief that requiring Doe to submit proof of gender-confirmation surgery in order to obtain an accurate birth certificate violates her rights under the U.S. Constitution and the Americans with Disabilities Act.
But New Jersey officials insist Doe already has an accurate birth certificate. Granting her request could pave the way for widespread identity theft, fraud and other forms of unlawful activity, officials argue.
In a prior filing, New Jersey officials opposed the acceptance of an earlier brief filed by six of the LGBT-advocacy groups. Officials said their proposed brief was unnecessary and procedurally flawed.
It remains unclear whether New Jersey officials will renew their opposition, now that six more groups have joined the coalition.
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.
Doe’s suit notes that several states, including Pennsylvania, New York, California, Iowa, Oregon, Vermont and Washington, permit gender changes to birth certificates without requiring gender-confirmation surgery. Doe’s suit also points out that New Jersey doesn’t require gender-confirmation surgery to change a gender marker on a driver’s license.
Neither side had a comment for this story.