Two Illinois Transwomen Sue To Get Amended Birth Certificates

Two transwomen have sued the state of Illinois over an interpretation change in their law concerning the issuing of new birth certificates.

The law in Illinois is that a new birth certificate can be issued only after sex reassignment surgery, also known as gender reassignment surgery, gender confirmation surgery, or genital reconstruction surgery, has occurred. In recent years, the law has been interpreted to mean that only those who have surgery inside the United States can have their birth certificates amended.

Many transpeople have SRS overseas. Part of this has to do with the long waiting lists as some of the best doctors in the world. Another part of this has to do with the costs associated with the surgery. While the dollar was strong, it was often less expensive to have the surgery in Thailand or Canada rather than the United States. Among the most common places for a transperson to have their surgery is in Colorado, US; Bangkok, Thailand, and Montreal, Ontario, Canada.

Choosing a surgeon is a complex, complicated endeavor for any transperson. Many transpeople choose their surgeon based upon a variety of factors including passed work in the field. Many transpeople discuss their choices with their psychologists, and the expense can run into the low tens of thousands.

Birth certificate changes are an integral part of the transsexual experience. All ID’s should reflect an accurate accounting of the person’s gender and identity. Laws vary from state to state as to when the birth certificate can be amended. In some states they can be amended once the person has undergone surgical castration. Most states, however, require that a person have undergone full SRS. Birth certificates are required ID for many different situations including obtaining passports, and for certain jobs.

Karissa Rothkopf and Victoria Kirk filed the suit. The suit argues that “the ability to secure a new, accurate birth certificate not only creates everyday challenges that are unnecessary and dangerous, but it is antithetical to the advice of medical experts who recommend that persons who transition their gender identity ensure that all aspects of their lives reflect that gender identity”

It should also be noted that this interpretation in the law creates an undo burden to the person in terms of cost of the SRS and may force many people who cannot afford surgery inside the United States to forgo necessary surgery. Some who do end up having their surgeries may be forced by such legislation to choose surgeons with less experience, and thus put themselves at greater risk.

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