A federal district court denied a challenge from the ACLU of Indiana against the state’s recent halt in processing gender change requests for birth records. The lawsuit was filed on behalf of two transgender Hoosiers, including a teenager who was updating her birth record when the new policy took effect.
Back in March, the Indiana Department of Health issued guidance effectively ending the process for transgender Hoosiers to update their gender on their birth records.
The ACLU sued the state, saying the guidance — which stemmed from a March executive order issued by Gov. Mike Braun — discriminated against transgender Hoosiers.
A federal judge disagreed.
In his decision, Judge Matthew Brookman wrote, “Indiana has deliberately chosen to record sex — not gender identity — on birth certificates” and to rule in favor of the ACLU’s challenge would require the district court to “transform a policy objection into a constitutional violation.”
The process for amending a person’s gender on their birth certificate varies from state to state. And it is often the first step in updating legal documents for transgender Americans.
In Indiana, gender change requests required a certified court order. Hoosiers had to petition a judge to sign off on a “verified petition for change of gender” — which was among the documents that had to be submitted for an amended birth certificate.
Advocates say amended birth records mean transgender Hoosiers aren’t forced to out themselves while opening bank accounts or showing government-issued IDs.
Lauren is our digital editor. Contact her at lauren@ipbnews.org or follow her on Bluesky at @laurenechapman.bsky.social.