Oregon Legislature Repeals Surgery Requirement

[Ms. OBrien CVT]

Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate

With Gov. Kitzhaber's approval of HB 2093 yesterday, transgender people in Oregon will no longer have to show proof of surgery in order to change their birth certificates to accurately reflect their gender. Previously, Oregon law required surgery in order to update a birth certificate gender marker, even for those transgender people who did not need or want it, or were unable to access surgery for financial, medical, or other reasons.

[Shana A]

This is wonderful news!!!

Now we all need the states where we were born to pass a similar law!

Shana

[Tessa James]

Hey Ms. OBrien,

Thanks for sharing the good news.  This situation has led to other questions for my wife and I.  If I pursue the gender change on my birth certificate and other ID what then about my current "legally married" status?  Since Oregon does not yet recognize "gay marriage" would we become divorced, annulled or?  We have been together for 40 years and intend to stay that way.  No one should lose those 1,100 and some benefits to recognize their true gender identity and long term marriage.  I am optimistic about change happening here but, in the meantime it feels like another big risk.  Do you know of any "test cases" yet?  I don't know if we are ready to be the first but I am up to the challenge.

Tessa

[Ms. OBrien CVT]

Oregon does have Domestic Partnership.  But I would talk to a lawyer.  When my ex and I got divorced we had to file Domestic rather than Married.

[♥ Dutchess]

Dang it! Now if only I had been born here!

[Jamie D]

Hey Ms. OBrien,

Thanks for sharing the good news.  This situation has led to other questions for my wife and I.  If I pursue the gender change on my birth certificate and other ID what then about my current "legally married" status?  Since Oregon does not yet recognize "gay marriage" would we become divorced, annulled or?  We have been together for 40 years and intend to stay that way.  No one should lose those 1,100 and some benefits to recognize their true gender identity and long term marriage.  I am optimistic about change happening here but, in the meantime it feels like another big risk.  Do you know of any "test cases" yet?  I don't know if we are ready to be the first but I am up to the challenge.

Tessa

No state is empowered to unilaterally annul a validly contracted marriage.

An annulment is a court order that states the marriage never legally existed.  But this issue has to be brought up by one or both of the married spouses.

[Tessa James]

No state is empowered to unilaterally annul a validly contracted marriage.

An annulment is a court order that states the marriage never legally existed.  But this issue has to be brought up by one or both of the married spouses.

Thanks Jamie D,

Your reassurance is appreciated while we know that challenges will continue.  We are moving forward and I will pursue my name change and other details of being in this gender transition.  Thanks for the support from Susan's people, this is such a better world than I had once imagined.

[ToriJo]

Until DOMA section 3 is ruled unconstitutional, a state can refuse to recognize another state's marriage if they decide it's a same sex marriage.