Susan's Place Transgender Resources

Texas, when forced to comply with the Marriage Equality ruling, was asked if they are treating LGBT people different in another way. The topic of birth certificates came up and the judge moved to fix that too.

Texas is now issuing NEW birth certificates instead of amending the old, sealing the old one away, all with just a court order, not surgery!


http://m.dallasvoice.com/texas-issuing-birth-certificates-trans-people-10211698.html (http://m.dallasvoice.com/texas-issuing-birth-certificates-trans-people-10211698.html)

I lived in Texas for a very long time. I never thought I see the day when Texas would start to do the right things - bless that judge.

I'll bet there are some "good old boys" somewhere in Texas that are very upset by this decision  :)

Moving this to legal since it can help people looking for legal help on their birth certificates.

Ha, now I wish I was born in Texas... Congrats!

How can Ohio still not change them at all?

Gives a whole new meaning to "All my exes live in Texas," doesn't it? 

But I wonder if a Texas judge could require GRS before issuing the court order?

Would love to see this for Tennessee. If I get enough resources I would love to challenge TN in court, especially federal court.

Quote from: SophieD on January 12, 2016, 02:28:43 PM
But I wonder if a Texas judge could require GRS before issuing the court order?

That would violate existing law, as I understand it. I got my court order almost 18 months ago and it included name and gender marker change, which was useful for my driver's license, social security card, and eventually my new passport. Having been born in West Virginia, I need to supply my court order and my surgeon's letter, something I've still not yet done but should.

Quote from: LizMarie on January 12, 2016, 10:43:31 AM
Texas, when forced to comply with the Marriage Equality ruling, was asked if they are treating LGBT people different in another way.

Did the issue of "bathroom bills" and anti discrimination laws ever come up?

Quote from: iKate on January 14, 2016, 04:52:00 AM
Did the issue of "bathroom bills" and anti discrimination laws ever come up?

Keep in mind a fair bit of that nonsense is city, rather than state.  Admittedly that's all *in* Texas, but we're not always talking about silliness *by* the state, which is what the Feds would be looking into.  At least at the moment. 

Quote from: Colleen M on January 14, 2016, 04:37:57 PM
Keep in mind a fair bit of that nonsense is city, rather than state.  Admittedly that's all *in* Texas, but we're not always talking about silliness *by* the state, which is what the Feds would be looking into.  At least at the moment.

True but the state can and should pre empt any local ordinances. A state court decision should apply to every town.

Quote from: iKate on January 15, 2016, 05:11:41 AM
True but the state can and should pre empt any local ordinances. A state court decision should apply to every town.

If it's that important to the feds to preempt the cities, they have the authority to do so directly. 

Hopefully, Florida will follow suit. I haven't had the gender on my birth certificate changed yet - I can until after SRS. But, the law says "amended", which is what they did for my name change. There is a section at the bottom where it says I had my name legally changed and gives my birth name. I assume gender marker changes are the same, which is less than desirable for obvious reasons.

HOLY CRAP I WAS BORN IN TEXAS!!!

That's the best news I heard all month long :D

Quote from: Colleen M on January 15, 2016, 08:05:08 AM
If it's that important to the feds to preempt the cities, they have the authority to do so directly.

I meant state preemption of local ordinances. Also a court decision in state court could have statewide implications.

Quote from: lisarenee on January 15, 2016, 11:14:49 PM
Hopefully, Florida will follow suit. I haven't had the gender on my birth certificate changed yet - I can until after SRS. But, the law says "amended", which is what they did for my name change. There is a section at the bottom where it says I had my name legally changed and gives my birth name. I assume gender marker changes are the same, which is less than desirable for obvious reasons.

If it's like California then all of the original information will not appear once your gender designation is changed on your birth certificate, as I've described here (https://www.susans.org/forums/index.php/topic,202007.msg1797691.html#msg1797691). Until the gender is changed your case probably falls under the scope of general legal name changes, which if Florida is like California the former name will still appear unless the name change is done for another reason that would qualify for all of the original information to be redacted (besides gender changes another example would be adoption). (On the other hand there are numerous states that will amend to add but not remove information related to a gender transition, so if Florida is like that then your theory and not mine would apply.)

I wonder what the process is for Texas, as I would like to see about changing my birth certificate as I didn't have SRS, but orchie, and I had to get my passport so I could go to India. 

Quote from: Mohini on August 20, 2016, 10:18:05 PM
I wonder what the process is for Texas, as I would like to see about changing my birth certificate as I didn't have SRS, but orchie, and I had to get my passport so I could go to India.

I'm working on this right now too...

If you were born in Texas, the Bureau of Vital Statistics still requires a court order before they'll modify the sex marker on birth certificates.  (The lady I contacted there who handles that was EXTREMELY condescending and rude)  *IF* you can get a court order, they'll change it and issue a new certificate. 

I mean, what is required within the court order?  SRS?  Orchie?

Quote from: Mohini on August 27, 2016, 12:32:04 PM
I mean, what is required within the court order?  SRS?  Orchie?

I'd imagine that the court requirements will vary depending on your local court requirements.  Some states are more lenient than others, so YMMV.  Good luck!

Quote from: Oliviah on January 12, 2016, 01:45:19 PM
How can Ohio still not change them at all?

States rights. It was settled 153 years ago with the death of 600,000 Americans.

Quote from: LizMarie on January 12, 2016, 10:43:31 AM
Texas, when forced to comply with the Marriage Equality ruling, was asked if they are treating LGBT people different in another way. The topic of birth certificates came up and the judge moved to fix that too.

Texas is now issuing NEW birth certificates instead of amending the old, sealing the old one away, all with just a court order, not surgery!


http://m.dallasvoice.com/texas-issuing-birth-certificates-trans-people-10211698.html (http://m.dallasvoice.com/texas-issuing-birth-certificates-trans-people-10211698.html)

I wish Louisiana would do that but probably fat chance.

Thank you for the article!  Does this mean that when the old BC is sealed, and a new one put in its place, that is has the corrected name AND the sex/gender just from a name change order, or that it still requires the letter form a surgeon to change the gender from birth to current?

Quote from: Mohini on September 05, 2016, 07:27:05 PM
Thank you for the article!  Does this mean that when the old BC is sealed, and a new one put in its place, that is has the corrected name AND the sex/gender just from a name change order, or that it still requires the letter form a surgeon to change the gender from birth to current?

My court order was for name and gender change, it was from a MN court but Texas Vital Statistics honored it without any proof of surgery (I've had none) and sent me a brand new long form birth certificate with no indications it was changed or amended - although the "Issue Date" is from 2016.   Not sure how helpful that is if you're facing a Texas judge to get your court order though.

Also, I don't think I'm allowed to post links - but if you google "amend this!", one of the top links is a dallas voice article with the forms required, cost, etc - that is what I followed and it worked fine

Quote from: rtg on September 13, 2016, 11:35:11 AM
My court order was for name and gender change, it was from a MN court but Texas Vital Statistics honored it without any proof of surgery (I've had none) and sent me a brand new long form birth certificate with no indications it was changed or amended - although the "Issue Date" is from 2016.   Not sure how helpful that is if you're facing a Texas judge to get your court order though.

That is so awesome to hear!  I finally got my "gender reassignment order" from Superior Court here in WA, and it should be arriving in Austin (overnight) tomorrow.  I'm hoping all goes as well as in your case.  Now 13 years post, I'm ready to move forward with my life.