Without any new law, birth certificates are being denied in Florida even when previously necessary documents represent the person’s correct gender identity.
Over the past year, trans Floridians have encountered a process for updating their birth certificates that differs from the process that has been in place for the last decade. Both trans minors and adults are being denied the ability to change the gender marker on their birth certificate and told that it is based on pre-existing state statutes, despite the amount of trans Floridians who were able to change their birth certificate after simply providing all needed paperwork.
Previously, when applicants provided other government-issued documents with their correct name and gender, evidence of gender-affirming clinical treatment, and legal name change paperwork, they were approved. However, since 2023, many trans applicants have been denied despite providing all necessary forms.
Those who were denied received denial letters from Florida’s Bureau of Vital Statistics. According to The 19th, these letters state that these documents no longer work, as they do “not establish that the sex identifier on the birth record contains a misstatement, error, or omission,” a letter from March 2024 states.
These letters also often contain differing information and requirements. For trans minors, a letter from August 2023 required “documentary evidence established prior to the child’s seventh birthday.” In contrast, trans adults received a letter that required documents “established prior to the registrant’s 18th birthday.” Many trans adults were not aware that they were trans when they were children and documents were much harder to access for trans minors when most trans adults were children, making this requirement practically impossible.
This surprise policy change is not unusual for Florida, as the same thing happened in January, when the Florida Department of Highway Safety and Motor Vehicles changed their policy so trans people could no longer update their driver’s license, even without the presence of a new law. This represents a worrying increase in Republican policies being enforced by government entities without an accompanying law, making it possible that Republicans don’t need to pass laws or bills to have real, negative effects on the lives of LGBTQ+ people.
