Texas Halts Birth Certificate Sex Changes for Transgender Individuals

Texas Halts Birth Certificate Sex Changes for Transgender Individuals

New Policy Blocks Birth Certificate Updates

As of last Friday, transgender Texans are no longer allowed to update the sex on their birth certificates. The Texas Department of State Health Services (DSHS) confirmed the policy shift, stating that individuals who previously obtained court orders for such changes can no longer proceed under the current rules.

Changes Permitted Only for Hospital Errors

Currently, birth certificate modifications are limited to cases involving hospital mistakes or omissions at birth. This policy shift aligns with broader trends in conservative states that are making it harder for transgender individuals to alter official documents to reflect their gender identity. According to the Movement Advancement Project, five other states already have similar bans on birth certificate sex changes.

Policy Change Made Without Public Notice

The new rule, which was first reported by KXAN on Saturday, was quietly implemented by the Texas health agency without any public announcement. The policy change followed a recent decision by the Department of Public Safety to restrict updates to the sex listed on driver’s licenses, unless the change is to correct a clerical error.

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Legal Concerns Sparked the Shift

The recent decisions to block sex updates on official documents came after Texas Attorney General Ken Paxton raised concerns about the validity of court orders used to change the sex on state-issued IDs. Chris Van Deusen, a spokesperson for the DSHS, noted that the agency is consulting with the Attorney General’s office to assess whether these legal concerns also apply to birth certificate changes.

Opposition from Attorney General

Paxton, a Republican, has been a vocal opponent of expanding rights for LGBTQ individuals. His stance has influenced recent policy decisions at both the state and federal levels. Before this change, the DSHS website offered guidance on how to amend a child’s birth certificate using a court order. However, that information has since been removed, with the website now only providing instructions for changes due to “incompletion or inaccuracy.”

Advocacy Groups Respond

The Transgender Education Network of Texas (TENT) highlighted the policy change on social media last weekend, drawing attention to its impact on the transgender community in the state.

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