TBA Law Blog


Posted by: Stacey Shrader Joslin on Jul 15, 2024

A panel of the 6th Circuit U.S. Court of Appeals on Friday upheld a Tennessee policy prohibiting transgender individuals from changing the sex marker on their birth certificates. In a 2-1 decision, a three-judge panel of the court ruled that Tennessee’s policy is constitutional, writing that "there is no fundamental right to a birth certificate recording gender identity instead of biological sex." The majority called the policy "a nondiscriminatory form of government speech embraced by some states about an undeniable historical fact.” An attorney from Lambda Legal, which is representing the plaintiffs, said the group was disappointed in the decision and is considering next steps, the Tennessean reports. State Attorney General Jonathan Skrmetti released a statement after the ruling, saying in part, “Whether someone can change the sex on their birth certificate is a matter for each state to decide … We are grateful that the Court of Appeals agreed … that any change in Tennessee's policy can only come from the people of Tennessee.”