Tennessee Ban on Birth Certificate Sex Change Upheld by Federal Appeals Court

‘There is no fundamental right to a birth certificate recording gender identity instead of biological sex,’ Judge Jeffrey Sutton wrote in the majority opinion.

Attorney Omar Gonzalez-Pagan announces a lawsuit challenging a Tennessee statute that prohibits people from changing the gender listed on their birth certificates, in Nashville on April 23, 2019. Travis Loller/AP Photo

A federal appeals court has upheld Tennessee’s policy of barring people from changing the sex designation on their birth certificates, arguing that the ban does not violate constitutional rights and that the state has a legitimate interest in maintaining accurate and consistent vital records.

The Sixth U.S. Circuit Court of Appeals ruled 2–1 on July 12 to affirm a district court’s decision to uphold Tennessee’s policy of not allowing amendments to the sex listed on birth certificates based on gender identity.