Lambda Legal Condemns Court Ruling Upholding Tennessee's Anti-Transgender Birth Certificate Policy

The ruling follows the Tennessee legislative session where legislators enacted a score of discriminatory bills targeting transgender Tennesseans, and in particular transgender youth.

(Nashville, Tennessee - June 23, 2023) - Late yesterday, a federal court judge upheld Tennessee's discriminatory anti-transgender birth certificate policy that will not allow transgender people to correct the gender marker on their Tennessee birth certificates, leaving them grappling with inconsistent government identity documents. Tennessee is one of only a handful of states left in the country that still categorically prohibit transgender people from correcting their birth certificates to accurately reflect their identity.

"At a time where we are under attack, I am devastated to see that after years waiting for this decision, the court has refused to allow us the opportunity to prove our case. Tennessee's discriminatory birth certificate policy has not only gravely impacted my life, but also presents a roadblock for all transgender Tennesseans. We deserve recognition and dignity from the government just as much as every other Tennessean," said plaintiff Kayla Gore, 37, who lives in Memphis, Tennessee.

Lambda Legal filed a federal lawsuit in 2019 challenging Tennessee's anti-trans policy on behalf of transgender people born in Tennessee - Kayla Gore, Jaime Combs, and two plaintiffs identified by their initials, L.G. and K.N. At that moment, Tennessee was one of just three remaining states, including Kansas and Ohio, with such a policy. Since then, federal courts in both Kansas and Ohio ruled that such policies are unconstitutional, but states like Montana, North Dakota, and Oklahoma have adopted similar discriminatory policies.

"We are very disappointed in yesterday's decision, which fails to acknowledge the incontrovertible truth that birth certificates are the quintessential identity document. Tennessee's discriminatory birth certificate policy forces transgender Tennesseans to out themselves and to use an identity document inconsistent with who they are. This is wrong," said Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan. "As Tennessee continues to target transgender people for discrimination and opprobrium, we will continue to fight for their rights. We continue to evaluate what next steps we will take in this case."

"It's hard to exist as a transgender person in Tennessee at this moment. To have the court join state officials to willfully not see us for who we are adds to that burden. All my life I've been carrying an inaccurate birth certificate, complicating my life and making me feel not seen by my government. Today, my heart is saddened as the court has refused to address the harms imposed by Tennessee's policy, but I will continue to fight against the discrimination that continues to be perpetuated by the state of Tennessee," said plaintiff Jaime Combs, 54, who lives near Knoxville, TN.

This decision comes after the Tennessee legislature enacted a raft of anti-transgender bills which Tennessee Governor Bill Lee signed into law. These bills have: banned transgender youth from participating in sports; criminalized the provision of gender-affirming medical care for trans adolescents; banned drag performances, and; required businesses to post signs if they allow transgender people to use the correct bathrooms. The latter two have been found unconstitutional by federal courts and Lambda Legal has challenged the ban on gender-affirming care for trans adolescents (L.W. v. Skrmetti) and prohibition on sports participation by transgender youth (L.E. v. Lee).

In the lawsuit, Gore v. Lee, Lambda Legal argued that denying transgender people born in Tennessee the ability to obtain accurate birth certificates violates the Equal Protection and Due Process clauses of the U.S. Constitution. The lawsuit also argues that forcing transgender people through their birth certificates to identify with a sex that is not who they are violates their free speech rights under the First Amendment.

The lawsuit was filed in the U.S. District Court for the Middle District of Tennessee in Nashville. Apart from this case, Lambda Legal has successfully challenged categorical exclusions on corrections to birth certificates in Idaho, Kansas, Ohio, and Puerto Rico, as well as restrictive policies in New York and North Carolina. In each of those jurisdictions, Lambda Legal secured victories that prompted policy changes allowing transgender people to obtain birth certificates accurately reflecting their identities.

According to the 2015 U.S. Transgender Survey, almost one-third of transgender people who showed an identity document with a name or gender marker that conflicted with their perceived gender were harassed, denied benefits or services, discriminated against or assaulted. Transgender people also are disproportionately targeted for hate crimes.

Handling the case on behalf of Lambda Legal are Counsel and Health Care Strategist Omar Gonzalez-Pagan, Senior Counsel Tara Borelli, and Senior Attorney and Director of the Non-Binary and Transgender Rights Project Sasha Buchert. They are joined by pro-bono co-counsel Gavin Villareal, Maddy Dwertman, and Brandt Roessler of Baker Botts LLP and John Winemiller of Merchant & Gould.

Read about the case here: https://www.lambdalegal.org/in-court/cases/tn_gore-v-lee

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and policy work. www.lambdalegal.org