Equal ID Act would allow transgender to change birth certificate

Nicole C. Brambila • The Desert Sun

The Equal ID Act, which would increase legal rights for the transgender community, passed the State Assembly Judiciary Committee by a 7-3 vote.

“All Californians deserve legal documentation that accurately reflects who they are,” Geoff Kors, Equality California executive director and part time Palm Springs resident said in a news release.

“Once passed, this law will make it easier for transgender people both in California and beyond to obtain accurate identification, apply for jobs, and live their lives as full and equal members of society.”

The bill was sponsored by Equality California and introduced by Assemblymember Ted Lieu, D – Torrance.

Until last month, California law only permitted transgender persons to petition the court for an order recognizing a gender change on their birth certificate within the state.

In April, the California Court of Appeals ruled that anyone may amend their California birth certificate, regardless of state residency.

The April 10 decision stemmed from a case brought by the Transgender Law Center for Gigi Marie Somers, a 67-year-old transgender woman born in California living in Kansas.

Somers had sex reassignment surgery in 2005 and had sought to have her California birth certificate reflect her female gender. Kansas law, however, required she obtain a court order, which she was unable to do.

Before the ruling, only California residents could amend their California birth certificates.

“The Equal ID Act would bring the Health and Safety Code up to date with case law,” Kristina Wertz, legal director for the Transgender Law Center, said in a news release.

“It would alleviate any confusion and ensure that California-born people residing in other states know that they, too, can be afforded the dignity of a birth certificate that reflects who they truly are.”

The new bill ensures California-born transgender people can return to the birth county for a corrected birth certificate and allows them to petition the court from their home counties, regardless of state residency.

“The rights of Californians should not end at our state’s borders,” Assemblymember Leiu said in a statement.

“The Equal ID Act makes certain every Californian has the freedom and liberty to be true to his or herself.”