From what I understand there are three states (Kansas, Ohio and Tennessee) that do not allow trans people to change their birth certificates even with surgery.
Kansas birth certificate policy violates transgender individuals’ rights, lawsuit saysIt is going to be a long uphill fight especially in federal court, Trump and the Republicans have packed the courts with far-right judges. And the longer the Republicans control government it is only going to get worst because judges are lifetime appointment.
By Allison Kite
October 15, 2018
Citing privacy, discrimination and harassment concerns, a national LGBTQ rights organization on Monday filed suit against the state of Kansas alleging that it violates transgender individuals’ rights by refusing to change the sex listed on their birth certificates to correspond with their gender identities.
Attorneys for Lambda Legal, an organization that advocates for civil rights for LGBTQ people and those living with HIV, and Bryan Cave Leighton Paisner LLP are representing two transgender women and two transgender men, all born in Kansas.
The suit filed in the U.S. District Court in Kansas City, Kan., asks the court to declare unconstitutional Kansas’ birth certificate policy. According to the suit, Kansas, Ohio and Tennessee are the only states that don’t allow for changing birth certificates to reflect a transgender person’s gender identity. Kansas, however, allows residents to change their driver’s licenses and state identification cards, according to the suit.
Refusing to issue updated birth certificates, the suit argues, violates the 14th Amendment’s promise of equal protection and due process by treating transgender individuals differently.