Attorneys for a New Jersey trans woman seeking a gender-accurate birth certificate hope a recent pro-trans ruling in a Pennsylvania case will give a boost to their case.
“Jane 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 to a trans person a revised birth certificate with a different gender.
But Doe alleges that requiring surgery for a gender-accurate birth certificate is illegal.
Doe’s lawsuit, filed in November, remains pending before U.S. District Judge Michael A. Shipp, based in Camden.
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.
New Jersey officials seek the dismissal of Doe’s suit, contending Doe already has an accurate birth certificate reflecting her male anatomy at birth.
In court papers, defense attorneys refute Doe’s contention that she’s being discriminated against on the basis of her gender-dysphoria disability.
Defense attorneys also claim that gender dysphoria is excluded from coverage under the Americans with Disabilities Act because the ADA excludes “gender identity disorders.”
However, in a Pennsylvania case filed by trans woman Kate Lynn Blatt, U.S. District Judge Joseph F. Leeson Jr. recently ruled that gender dysphoria isn’t excluded from ADA coverage. In Blatt’s case, she alleges gender-dysphoria discrimination by her former employer when denying her access to a female restroom and female nametag.
On May 25, attorneys for Doe provided Shipp with a copy of Leeson’s six-page ruling in Blatt’s case.
“The Blatt ruling is just one more judicial ruling that’s helpful to our case,” said Julie Chovanes, an attorney for Doe. “Also helpful is a recent appellate ruling out of Chicago that supports our case. Though neither ruling is binding on Judge Shipp, we feel they’re both persuasive. It’s good to know that the courts are beginning to recognize the pervasive nature of anti-trans discrimination and they’re moving to correct injustice.”
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.
Paul Loriquet, a spokesperson for the New Jersey Attorney General’s Office, couldn’t be reached for comment.
As of presstime, the request by New Jersey officials to dismiss Doe’s case remained pending.