A trans woman born in New Jersey continues to seek a gender-accurate birth certificate, despite opposition from state officials who insist she already has an accurate birth certificate.
“Jane Doe” filed suit last year, challenging the Garden State’s policy of requiring gender-confirmation surgery before changing the sex on a birth certificate.
On Aug. 16, U.S. District Judge Michael A. Shipp temporarily dismissed Doe’s suit and last week attorneys for Doe filed a 24-page amended complaint.
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.
“Defendants’ failure to recognize [Doe’s] gender on her birth certificate, and identify her by sex instead, with attendant consequences, has and will continue to exacerbate Ms. Doe’s gender dysphoria,” Doe states in her suit.
Doe alleges that New Jersey’s policy violates multiple laws, including the Americans with Disabilities Act.
She also notes that gender-confirmation surgery “is not medically necessary for all trans people, and may even be medically contraindicated for some.”
Additionally, she emphasizes in the suit the “harmful” and “irrational” nature of New Jersey’s birth-certificate policy.
In defense papers, New Jersey officials maintain Doe already has an accurate birth certificate reflecting her male anatomy at birth.
Julie Chovanes, lead counsel for Doe, expressed optimism about the case.
“We’re fighting for fundamental constitutional rights for trans people,” Chovanes said. “Our fight for trans rights is a fight for some of the most disadvantaged people in the country. We plan on continuing and winning that fight. And truly making America great.”
A spokesperson for the New Jersey Attorney General’s Office had no comment.