Gov. Ron DeSantis speaks during a press conference at the FGCU Kapnick Education and Research Center in Naples on Tuesday, April 23, 2024. Photo: Jonah Hinebaugh/Naples Daily News/USA Today Network-Florida / USA TODAY NETWORK
While Republican lawmakers have repeatedly failed to pass legislation to prevent transgender people from updating their birth certificates to reflect their gender identity, the state has nonetheless been denying requests from both trans adults and minors to do so for the past year.
According to The 19th, since last year, trans minors and adults in the state have received letters from the Florida Department of Health’s Bureau of Vital Statistics denying their requests for amended birth certificates even when all their other government-issued ID documents reflect their gender identity and despite the fact that they have provided documentation of their gender transition that has previously been accepted.
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In one March 2024 letter reviewed by the outlet, the agency said that documentary evidence provided by the applicant “does not establish that the sex identifier on the birth record contains a misstatement, error, or omission.”
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Another from August 2023 said that for trans minors, “documentary evidence established prior to the child’s seventh birthday is required,” while a separate letter says that trans adults must provide documentation “established prior to the registrant’s 18th birthday.” As The 19th notes, for many trans people who were either unaware of or still figuring out their gender identity or were unable to access gender-affirming care as children, either requirement would be nearly impossible to provide.
Simone Chriss, an attorney with Florida-based Southern Legal Counsel (SLC), told The 19th that of the around 80 clients she has worked with since August 2023 who have appealed the agency’s denials, none have been able to obtain an amended birth certificate reflecting their gender identity. Most of her clients’ appeals, she said, “are just being ignored.”
“I’ve filed many,” said Chriss, who is also the director of SLC’s transgender rights initiative. “There’s at least five that I have pending at this moment that the department hasn’t responded to.”
Since 2018, trans Floridians have been able to provide documentation from a doctor showing that they have received gender-affirming care in order to get their birth certificates updated to reflect their gender identity. Before that, only trans people who could provide proof of gender-affirming surgery could qualify for an amended document.
In 2023, Florida Republicans tried to pass a bill that would have banned the state from changing gender markers on birth certificates. Another bill, introduced earlier this year, would have required state IDs and licenses to reflect a person’s sex assigned at birth. Both pieces of legislation failed to pass.
But that has not stopped state agencies from denying trans people updated documents. In a January letter, Florida Department of Highway Safety and Motor Vehicles (FHSMV) deputy executive director Robert Kynoch rescinded the agency’s previous policy allowing individuals to correct the gender markers on their driver’s licenses after transitioning.
“The term ‘gender’… does not refer to a person’s internal sense of his or her gender role of identification, but has historically and commonly been understood as a synonym for ‘sex,’ which is determined by innate and immutable biological and genetic characteristics,” Kynoch’s letter read in part. Allowing people to alter their licenses based on gender identity, he wrote, “undermines the purpose of an identification record and can frustrate the state’s ability to enforce its laws.”
“Misrepresenting one’s gender, understood as sex, on a driver license constitutes fraud,” the letter continued, “and subjects an offender to criminal and civil penalties, including cancellation, suspension, or revocation of his or her driver license.”
As The 19th notes, the department’s rule was not prompted by any legislation. Similarly, the Florida health department’s Bureau of Vital Statistics’ denials of trans people’s requests for amended birth certificates do not reflect any new state law, and have resulted in trans Floridians spending hundreds of dollars to obtain previously accepted documentation only to have their requests denied.
As Human Rights Campaign President Kelley Robinson noted in a statement following Kynoch’s January letter, policies denying trans people documents that reflect their gender identity result in their being outed “anywhere they use a driver’s license or identification document,” potentially subjecting them to harassment, discrimination, or worse.
Southern Legal Counsel’s Chriss told The 19th that the organization plans to challenge the state’s birth certificate policy in federal court.
