Today, the U.S. Court of Appeals for the Tenth Circuit overturned a lower court ruling that had dismissed a lawsuit challenging Oklahoma Governor Kevin Stitt’s discriminatory birth certificate policy, which categorically prohibits transgender people from correcting the gender marker on their birth certificates to match their gender identity.
All three members of the panel agreed that the lawsuit stated a valid claim of unconstitutional discrimination against transgender people and that the government’s justifications for this discrimination were irrational. The court explained the Constitution requires that “there must be some rational connection between the Policy and a legitimate interest. There is no rational connection here—the Policy is in search of a purpose.” A majority of the court also held that any government discrimination against transgender people triggers heightened judicial scrutiny.
“This ruling stands as a monumental win for the transgender community in Oklahoma and nationwide, sending a clear message to lawmakers everywhere that unconstitutional discrimination against transgender people will not be tolerated by the courts,” said Lambda Legal Senior Counsel Peter Renn. “This ruling comes at a critical time amidst a surge in anti-transgender policies of all stripes across the country. That includes attempts, like the one here, to roll back the basic ability of transgender people to correct their identity documents to match who they are, which can expose them to harassment, abuse, and physical danger.”
Background:
On November 8, 2021, Oklahoma Gov. Kevin Stitt issued an executive order that reversed the Oklahoma State Department of Health’s (OSDH) prior practice of allowing transgender people to correct their birth certificates to match their gender identity, which had existed for at least 14 years from 1997-2021. Governor Stitt explained, “I believe that people are created by God to be male or female. Period,” and vowing to take “whatever action necessary to protect Oklahoma values and our way of life.” Previously, transgender people could correct their birth certificates by presenting a court order to OSDH, but following the executive order, OSDH has refused to comply with such orders.
Lambda Legal filed Fowler et al. v. Stitt et al. in March 2022 in the U.S. District Court for the Northern District of Oklahoma on behalf of a transgender woman, Rowan Fowler, and two transgender men, Allister Hall and Carter Ray.
The U.S. District Court dismissed the complaint in June 2023, and Lambda Legal appealed the decision to the Tenth Circuit Court of Appeals.
To learn more about Fowler et al. v. Stitt et al., visit here.