Last week the ACLU announced that three of their clients were in possession of new, accurate birth certificates after they were unfairly denied them based on policies of the Illinois Department of Public Health.
Earlier this decade,the Department's Division of Vital Records started interpreting the Vital Records Act to allow someone to change the gender "marker" on their birth certificate only if the individual had their sex reassignment surgery performed by a US licensed physician. This automatically disallowed those individuals who sought and received sex reassignment surgery in Europe, South America and Asia.
Earlier this year the ACLU sued on behalf of two of their clients to request birth certificates indicating their correct gender.
In an important reversal, the State of Illinois has now issued new, accurate birth certificates to all three of our clients. As part of a new policy adopted by the Illinois Department of Public Health, transgender individuals in Illinois and across the nation are now permitted to receive a new birth certificate that reflects their accurate gender following sex reassignment surgery overseas. The Department has also announced that it will formulate new standards for determining how much surgery will be required before a transgender person will be provided a birth certificate listing the correct gender marker.