A federal judge ruled this week Idaho officials must allow transgender people to change the sex on their birth certificates.
The lawsuit was brought by two transgender women born in Idaho, who had been unable to amend the sex listed on their birth certificates.
They said the state’s law, which only allows a change to the sex listed on birth certificates if there was a mistake, violated their constitutional rights.
“Mismatches between identification documents and outward gender presentation can create risks to the health and safety of transgender people,” wrote U.S. Magistrate Judge Candy W. Dale in her order issued Monday.
The defendants, employees of the Idaho Department of Health and Welfare, conceded the law violated the Equal Protection Clause of the Constitution, but told the judge the state must have a court order to alter its policy.
The state said it will issue a new rule that protects privacy interests by agreeing to not mark reissued birth certificates in regards to sex or name changes.
“I am thrilled and proud that my own state will be updating their policies, even though it required a court order to do so,” said F.V., one of the women who brought the legal challenge. “I’m excited to be among the first to update their birth certificates.”
Idaho officials must make the change by April 6, according to the judge’s order.
“With this change, transgender Idahoans will no longer be forced to represent that they are someone they are not and jeopardize their privacy and safety,” said Peter Renn, an attorney for Lambda Legal which represented the two women in the legal battle.
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