This story has been updated to include a statement from Equality Ohio.
Transgender individuals residing in Ohio find themselves engulfed in confusion regarding the protocols for altering their birth certificates after the Ohio Supreme Court declined to deliver a decisive ruling on a pivotal case on Tuesday.
Hailey Adelaide, a Clark County resident who publicly identified as transgender in 2020, surfaced in court documents detailing her journey. Following her revelation, she sought to amend the sex designation on her birth certificate from male to female the subsequent year through the county probate court, arguing that her current designation misrepresents her identity.
The probate court ultimately decided that her sex was accurately documented at birth and that a modification could not be permitted. An appeals court upheld this decision, prompting Adelaide to escalate her case to the Ohio Supreme Court. However, the court was unable to reach a consensus, leaving the 2nd District’s Court of Appeals ruling intact.
This stalemate perpetuates a fragmented system across Ohio, where different counties enforce varying rules regarding transgender individuals’ rights to amend their birth certificates. Notably, counties such as Franklin, Hamilton, and Cuyahoga probate courts have opted to allow transgender individuals to initiate changes to their birth certificates.
Chad Eggspuehler, one of Adelaide’s attorneys, expressed significant disappointment over the outcome, stating, “Today, after more than three years of litigation, we are disappointed that this unopposed application for correction of birth certificate has been denied by a nondecision from the Ohio Supreme Court.” Eggspuehler collaborated closely with the Equality Ohio Legal Clinic throughout the legal proceedings.
In a response released Tuesday afternoon, Equality Ohio, a nonprofit organization committed to advocating for LGBTQ rights, emphasized the critical importance of updating birth certificates, labeling it “essential” for the well-being of transgender individuals. MD Spicer-Sitzes, a spokesperson for Equality Ohio, further highlighted that the inability to amend documentation raises privacy and equal protection issues, as it forces individuals to reveal their transgender identity whenever presenting their birth certificate as a form of identification.
With the absence of a definitive ruling from the Ohio Supreme Court, Spicer-Sitzes indicated that Equality Ohio expects county probate courts to adhere to the federal court’s existing guidelines and the directives provided by the Ohio Department of Health for the foreseeable future.
She stated, “We hope that (the health department) will take additional measures to alleviate the disparate treatment that will continue after today’s nondecision.”
When did the birth certificate policy change?
The landscape for changing birth certificates morphed significantly after 2016 when the Ohio Department of Health altered its policies, prompting a subsequent federal lawsuit challenging the changes.
In a landmark decision in 2020, the U.S. District Court for the Southern District of Ohio determined that the health department’s amended policies violated the U.S. Constitution’s equal protection clause. This ruling effectively mandated that Ohioans needing a change to their birth certificates apply through their local county probate courts, which in turn would inform the Ohio Department of Health upon receiving the necessary documentation.
What did the justices say?
Justices Joseph Deters, Chief Justice Sharon Kennedy, and Justice Patrick DeWine noted that there was no opposing party to Adelaide’s request to modify her birth certificate, confirming that courts should address cases only when conflicting interests are at stake. They contended that the appeal should have been dismissed by the appellate court.
In separate opinions, Justices Michael Donnelly and Patrick Fischer concurred that the ruling made by the appeals court should remain in effect, while Justice Jennifer Brunner stood alone in her belief that probate courts indeed possess the authority to authorize changes to birth certificates for transgender individuals.
While Ohio permits modifications to birth certificates for various circumstances, such as adoption and legal name changes, alterations to the sex marker are typically allowed only when a physician labels the newborn’s sex as “undetermined” at the time of birth due to atypical genitalia.
Erin Glynn is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal, and 18 other affiliated news organizations across Ohio.
What actions can the Ohio Department of Health take to create a more uniform process for changing birth certificates across different counties?
**Interview with MD Spicer-Sitzes, spokesperson for Equality Ohio**
**Editor:** Thank you for joining us today, MD. The recent decision by the Ohio Supreme Court has left many transgender individuals in Ohio feeling uncertain about their ability to change their birth certificate. Can you provide some context on what this ruling means for those individuals?
**MD Spicer-Sitzes:** Absolutely. The Ohio Supreme Court’s failure to deliver a conclusive ruling essentially leaves the prior appeals court decisions intact. This means that different counties in Ohio will continue to have varying rules concerning the amendment of birth certificates for transgender individuals. It perpetuates a patchwork system that creates confusion and inequity.
**Editor:** Hailey Adelaide’s case in particular highlights the challenges faced by many. Can you elaborate on why updating birth certificates is crucial for the well-being of transgender individuals?
**MD Spicer-Sitzes:** Updating birth certificates is not just about legal recognition; it’s vital for privacy, safety, and dignity. Transgender individuals often face vulnerability when they have to present documents that do not align with their lived identity. These incongruencies can lead to discrimination, emotional distress, and even legal complications. It’s essential that official documents reflect true identity for the sake of equal protection under the law.
**Editor:** Given the current situation, what steps do you think can be taken to address the disparate treatment across counties?
**MD Spicer-Sitzes:** We are advocating for the Ohio Department of Health to take a more active role in providing clear guidance and support to county probate courts. We hope they will establish universal standards that respect the rights of transgender individuals to amend their birth certificates. It’s crucial that we create a cohesive system that values the dignity of every person, regardless of where they live in Ohio.
**Editor:** What message do you have for transgender individuals in Ohio who are feeling frustrated and confused by this ruling?
**MD Spicer-Sitzes:** I want them to know that they are not alone. Organizations like Equality Ohio are here to support them, and we are committed to fighting for their rights. It’s important to continue advocating for change, whether through legal avenues or community support. We urge everyone who is impacted by this ruling to stay informed and engaged, as collective action can lead to meaningful progress.
**Editor:** Thank you, MD, for sharing your insights on this critical issue. It’s important that the voices of those affected are acknowledged and heard as we navigate these complex legal landscapes.
**MD Spicer-Sitzes:** Thank you for having me. It’s vital that we continue these conversations and push for a more equitable future for all.