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California Legislature Passes Trans Birth Certificate Bill

Started by Amelia Pond, September 10, 2013, 07:34:31 AM

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Amelia Pond

California Legislature Passes Trans Birth Certificate Bill
DANIEL REYNOLDS, SEPTEMBER 07, 2013 2:11 PM ET

A bill that would help facilitate legal name changes for transgender people was passed by the California State Legislature on Friday.

Authored by Assembly Majority Leader Toni Atkins, Assembly Bill 1121 passed by a vote of 56-18.

If signed by Gov. Jerry Brown, it will provide an easier and more inexpensive process for Californians seeking to change their name to correspond to their gender identity. The new system will also protect their privacy.
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ozoozol

Just looked into this a little because it had passed under my radar.  Most of the information I found (including at the Transgender Law Center) hasn't been updated yet, so maybe some Californians will find this to be welcome news:

Calif. Gov. Signs Trans Birth Certificate Bill Amid Republican Opposition
http://www.advocate.com/politics/transgender/2013/10/09/calif-gov-signs-trans-birth-certificate-bill-amid-republican

And a little more digging indicates that the law will go into effect on July 1, 2014 (though a comment suggests that some parts will kick in on January 1st):
http://sandiegofreepress.org/2013/10/one-step-towards-a-better-life-for-transgender-people-ab1121/

Summary of the law:
http://www.alicelaw.org/catalog/1464

No more publishing name changes in newspapers, and no longer necessary to go through the courts to get a gender marker change on our birth certificates.  Good stuff.
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Jamie D

Political opposition is a non-issue in California.  The democrats have been in control of the State Senate since 1970 and in control of the State Assembly since 1996.

Most of the "hot button" issues usually end up as ballot initiative anyway.

One of the sizable dynamics of State politics is the largely Catholic Hispanic population, which tends to register as Democrat, but have conservative-leaning social values.
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Flan

Quote from: ozoozol on December 02, 2013, 05:52:32 AM
And a little more digging indicates that the law will go into effect on July 1, 2014 (though a comment suggests that some parts will kick in on January 1st):
The ability to apply directly to the Office of Vital Records for gender marker change starts at the beginning of the year (and it'll require a doctor's statement). July is when the process for name change gets easier although it'll still require a courthouse visit.
Soft kitty, warm kitty, little ball of fur. Happy kitty, sleepy kitty, purr, purr, purr.
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Jennygirl

Please AB 1121 hook me up!!!

July cannot come soon enough!!!

This has been on my radar for a while but it's exciting to see it talked about :)

EDIT: I just realized it was signed into law. WOHOO!!!!
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Lauren5

Well, looks like this summer I'll have to travel to California to make a courthouse appearance to modify my (California) birth certificate.
So changing the gender marker in California, does that require SRS as well, or not?
Hey, you've reached Lauren's signature! If you have any questions, want to talk, or just need a shoulder to cry on, leave me a message, and I'll get back to you.
*beep*

Full time: 12/12/13
Started hormones: 26/3/14
FFS: No clue, winter/spring 2014/15 maybe?
SRS: winter/spring 2014/15?
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Flan

Quote from: Willow on December 02, 2013, 08:47:09 PM
Well, looks like this summer I'll have to travel to California to make a courthouse appearance to modify my (California) birth certificate.
So changing the gender marker in California, does that require SRS as well, or not?
As far as I know no, just that "clinically appropriate treatment" has been administered (generally meaning hormone therapy).
Soft kitty, warm kitty, little ball of fur. Happy kitty, sleepy kitty, purr, purr, purr.
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Lauren5

Quote from: Flan on December 02, 2013, 09:01:24 PMAs far as I know no, just that "clinically appropriate treatment" has been administered (generally meaning hormone therapy).
Thanks, Flan.
Hopefully that means I can do legal name and gender change at the same time. Unless I'm gatekept all the way to summer from hormones.
Hey, you've reached Lauren's signature! If you have any questions, want to talk, or just need a shoulder to cry on, leave me a message, and I'll get back to you.
*beep*

Full time: 12/12/13
Started hormones: 26/3/14
FFS: No clue, winter/spring 2014/15 maybe?
SRS: winter/spring 2014/15?
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ozoozol

Quote from: Flan on December 02, 2013, 07:38:22 PM
The ability to apply directly to the Office of Vital Records for gender marker change starts at the beginning of the year (and it'll require a doctor's statement). July is when the process for name change gets easier although it'll still require a courthouse visit.

That's exactly what I'd been hoping!  I came across the news about the law from looking for the forms to go to court for my marker change.  You mentioned the doctor's statement... do you know if a surgeon's letter will still suffice? I stalled a while, hated the idea of standing up in a courtroom for this, but I do have my letter in hand.

Do you know if there is anywhere online where we can read more about what to expect, what the guidelines will be, etc?
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Flan

Quote from: ozoozol on December 03, 2013, 08:20:27 AM
Quote from: Flan on December 02, 2013, 07:38:22 PM
The ability to apply directly to the Office of Vital Records for gender marker change starts at the beginning of the year (and it'll require a doctor's statement). July is when the process for name change gets easier although it'll still require a courthouse visit.

That's exactly what I'd been hoping!  I came across the news about the law from looking for the forms to go to court for my marker change.  You mentioned the doctor's statement... do you know if a surgeon's letter will still suffice? I stalled a while, hated the idea of standing up in a courtroom for this, but I do have my letter in hand.

Do you know if there is anywhere online where we can read more about what to expect, what the guidelines will be, etc?
This was the original PR
http://transgenderlawcenter.org/archives/9027

and the bill itself which is kinda a pain in the ass to read
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1121
the important part for BC is
Quote103426.
The State Registrar shall issue a new birth certificate reflecting a change of sex without a court order for any person born in this state who has undergone clinically appropriate treatment for the purpose of gender transition and submits directly to the State Registrar the affidavit described in subdivision (a) of Section 103430 that includes the signature and physician license number of a licensed physician. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the person's correct sex and any change in name, if accompanied by a court order for a change of name.
Soft kitty, warm kitty, little ball of fur. Happy kitty, sleepy kitty, purr, purr, purr.
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ozoozol

Thanks again :) hopefully TLC will have something more up about how to navigate it soon.
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monica93304

Another Cali girl here.  To me there seems to be a gray area here.  Is being under medically supervised HRT enough to also provide a gender marker change? Or is it strictly just the name?

If that's not enough for the gender marker change, would an orchi procedure be enough?  I'm not in a position financially for a sex change, and not sure that I want one.  But if would be really hard for me to go ahead with my 24/7 transition without the gender marker change.

Hopefully someone can shed some light into this for me
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