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Marriage, Birth, Death Certificates

Marriage, Birth, Death Certificates

Two men who identify as women, and two women who identify as men, have filed suit against the State of Kansas for declining to change their birth certificates to reflect their “gender identity” rather than their birth sex, stating that “the gender markers originally placed on their birth certificate are inaccurate because they are based on visual assumptions about their sex made at the time of their births.”

The lawsuit, filed on Monday by Lambda Legal, argues that the State’s practice of denying the amended birth certificates deprives those with gender dysphoria “a quintessential identity document that accurately reflects who they are, thereby infringing on their fundamental liberty in self-definition and autonomy in their person and identity.”

“While the State of Kansas provides non-transgender (i.e., cisgender) people born in Kansas with accurate birth certificates—birth certificates that reflect their true sex, consistent with their gender identity—the State of Kansas categorically bars transgender people from obtaining birth certificates that reflect their true sex, consistent with their gender identity,” it reads.

The four plaintiffs, who go by the names Nyla Foster, Luc Bensimon, Jessica Hicklin and C.K., state that presenting a birth certificate that results in a discrepancy between the document and their outward presentation can subject them and others to the invasion of privacy, humiliation, harassment and discrimination.

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