Birth certificate updates for trans individuals: If not now, when?

The Birth Certification Modernization Act is pending in the Maryland General Assembly — or, more accurately, stalled by Senate President Ferguson, according to advocates. The bills, HB 1368 and SB 314, are intended to create a more consistent and less burdensome process for transgender individuals to update their birth certificates.

At a time when the federal administration has targeted the transgender community with dehumanizing attacks on their ability to work, receive medical care, or even exist, having one’s documentation in order and consistent with their outward appearance can literally be a life or death matter for a transgender individual. (According to the UCLA School of Law – Transgender people are over four times more likely to experience violent victimization, including rape, sexual assault, and assault).

The bills would do the following:

• Ensure consistent application of the law by the Maryland Department of Health Vital Statistics Administration, and bring the Administration in line with other Maryland agencies including the Motor Vehicle Administration and the Clerk of Courts in how those entities handle gender marker changes.
• Ensure that Maryland birth certificates have an X option.
  • 16 other states and the District of Columbia currently offer this option.
• Enable transgender adults to update their birth certificates to reflect their correct name and gender.

It specifically reduces the substantial barrier for individuals to update their birth certificates. A transgender individual will be able to ensure their birth certificate reflects their name and gender based on their attestation, made under the penalty of perjury. It will remove the requirement that a medical or mental health care provider sign off before a birth certificate can be issued. Gender markers would be available for female, male, or X (for unspecified or another). It also creates a clear path for transgender parents to ensure their children’s birth certificate has the correct listing for their parents.

Making it a clear and efficient process for transgender Marylanders to ensure the accuracy of their legal documentation seems like a good practice in any year. But since January 20, the current federal administration has made it a priority to attack the transgender community.

These actions have included – placing restrictions on federal gender markers, such as passports, that require a person to use their sex assigned at birth; reinstating and expanding the military ban on transgender servicemembers; directing agencies to take action to prevent gender-affirming care from being provided to people under the age of 19; prohibiting transgender girls from participating in school sports teams that align with their gender identity, having the government only recognize two unchangeable sexes: female and male; and requiring transgender women in federal custody to be moved to men’s prisons. And just days ago, Texas legislators filed a bill that would make identifying as transgender a felony punishable by jail.

Individuals can feel differently about each one of these executive orders, but taken collectively, it is abundantly clear than transgender individuals are under attack at the federal level.

And so it is particularly troublesome that Senate President Ferguson has let this bill languish. We recognize the significant deficit challenges being faced by the General Assembly, and that many other initiatives must take a back seat during the budget process this year. But it is imperative as a state, that we offer the most base level of protections for our neighbors and friends who are terrified for their families and their own well-being.

This is not a complex bill, and could move forward quickly if Senate President Ferguson let it.

This is the only bill to support the transgender community in this year’s session. As Marylanders, we purport to care about the well-being of others, and certainly those that are the most marginalized. If this isn’t the moment to do what we can in our state to support the safety of the transgender community, then when is that moment?

If not now, when?

Editorial Advisory Board members James B. Astrachan, Arthur F. Fergenson, Debra G. Schubert and H. Mark Stichel did not participate in this opinion.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

James K. Archibald

Gary E. Bair

Eric Easton

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Nilson

Catherine Curran O’Malley

Angela W. Russell

Debra G. Schubert

Jeff Sovern

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.