Saturday, June 15, 2013

Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate

The times there are a changing...

And they are coming fast and furious. The Oregon ACLU just issued a Press Release,
Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate
By Becky Straus, Legislative Director, ACLU of Oregon & Kevin Díaz, Legal Director, ACLU of Oregon & Amanda Goad, LGBT Project
6/14/13

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. The ACLU supported the great work of agency and advocate partners to reach this victory. We are glad to see Oregon's legislature and governor sign off on this important change and advance the rights of transgender Oregonians.

In 2011, the ACLU LGBT Project and the ACLU of Oregon submitted a friend-of-the-court brief on behalf of a transgender woman who was seeking to update her birth certificate but unable to afford surgery. The Linn County Circuit Court later cited our brief in finding the surgery requirement unconstitutional. That case allowed one individual to amend her birth certificate without surgery, but today's legislation was necessary to fix the problem statewide. The change will take effect January 1, 2014.
You can read the whole press release here.