ACLU of Ohio and Lambda Legal file motion asking federal court to strike down transgender birth certificate policy

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A person holds a transgender pride flag as people gather on Christopher Street outside the Stonewall Inn for a rally to mark the 50th anniversary of the Stonewall Riots in New York, June 28, 2019. – The June 1969 riots, sparked by repeated police raids on the Stonewall Inn — a well-known gay bar in New York’s Greenwich Village — proved to be a turning point in the LGBTQ community’s struggle for civil rights. (Photo by ANGELA WEISS / AFP) (Photo credit should read ANGELA WEISS/AFP via Getty Images)

COLUMBUS, OH (WCMH)– The ACLU, the ACLU of Ohio, and Lambda Legal filed a motion Thursday asking the Court to strike down the state’s policy prohibiting transgender people from correcting the gender marker on their birth certificates, according to a release from the ACLU of Ohio.

The ACLU and Lambda says the policy is discriminatory and violates the plaintiffs’ constitutional rights to privacy, free speech, and equal protection.

“We ask that the court strike down this discriminatory policy so that Ohio-born trans people can access accurate birth certificates. This is basic, and it’s essential to trans peoples’ safety, privacy, and well-being,” said Elizabeth Bonham, staff attorney for the ACLU of Ohio. “The state should not have erected this barrier in the first place; our clients need the Court to eliminate it now.”

The lawsuit was brought on behalf of four transgender plaintiffs seeking an accurate birth certificate in March 2018.

The ACLU says Ohio is one of two states with this policy.

The court denied the state’s motion to dismiss the case in September 2019.

“Identity documents such as birth certificates, are critical to everyday life,” said Kara Ingelhart, staff attorney for Lambda Legal. “Without them, transgender people—who already experience staggering levels of discrimination and violence—also have to contend with barriers to employment, education, and important public benefits. Ohio’s policy is discriminatory, dangerous, out-of-step with practically every other state in the country and clearly unconstitutional.”

“Myself and others from the Trans community deserve to have documents that reflect who we are and don’t put any of us in harm’s way—the same as anyone would want for themselves and their loved ones,” said Plaintiff Stacie Ray.

CLICK HERE to see the entire motion for summary judgment is available.

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