In 2021, Oklahoma banned changing sex on birth certificates. Now, an appeals court has revived a lawsuit against this ban.

From The Epoch Times. A federal appeals court on June 18 revived a lawsuit against Oklahoma’s prohibition on changing the sex listed on birth certificates.

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U.S. Circuit Judge Carolyn McHugh, writing for the panel, said that because “cisgender people” still have birth certificates that reflect their “gender identity” but transgender people do not, the policy has a disparate impact that “indicates discriminatory intent.”

Oklahoma officials had contended there was no disparate impact because nobody, regardless of their identity, can amend the sex on their birth certificate. …

The suit was brought in 2022 by three people who say their gender has changed and that the sex on the birth certificates should change accordingly, alleging violations of their Fourteenth Amendment rights, or equal protection and due process. …

U.S. District Judge John Broomes threw out the case in 2023, concluding that the policy “did not impair the ability of transgender people to express their gender identity or compel them to speak any message.”

While the Tenth Circuit panel reversed part of that ruling, it upheld the part dealing with due process claim. “To assert a substantive due process claim, Plaintiffs needed to allege that their involuntary disclosures amount to state action. They failed to do so,” Judge McHugh said. …

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(Excerpt from The Epoch Times. Photo Credit: Gage Skidmore from Surprise, AZ, United States of America – Kevin Stitt, CC BY-SA 2.0, Wikimedia Commons)