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Please reread my first comment. I argued that a birth certificate records information that is true at birth. Gender dysphoria doesn't retroactively alter biological sex at the time of birth.
It may be that not all states treat "birth" certificates in quite that way, and really do use them as records of a persons' current vital information. In that case, it might make sense to allow transgender people to update their birth certificates with their new genders.
Probably my bottom line is that a birth certificate is a state record, not property of the individual. The way a transgendered person's recorded sex on his birth certificate makes him feel must take a back seat if altering it would significantly disrupt how birth certificates are used in official business.
IANAL, but I don't think legal precedent works the way you seem to think. It doesn't mean that the procedures in one state are (or ought to be) binding on another. It means that past decisions of a court must be given appropriate weight in future ones.
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[–] Rostin ago
Thanks for the link, but it doesn't answer my question. It just says it's "important" and then lists, state-by-state, where it's legal.
[–] zoetry ago
Well, you've not really provided any reasoning for people to not be allowed to change their birth certificates.
My link shows there is clearly legal precedent, and since we're talking about a legal document, that's all that really matters.
[–] Rostin ago
Please reread my first comment. I argued that a birth certificate records information that is true at birth. Gender dysphoria doesn't retroactively alter biological sex at the time of birth.
It may be that not all states treat "birth" certificates in quite that way, and really do use them as records of a persons' current vital information. In that case, it might make sense to allow transgender people to update their birth certificates with their new genders.
Probably my bottom line is that a birth certificate is a state record, not property of the individual. The way a transgendered person's recorded sex on his birth certificate makes him feel must take a back seat if altering it would significantly disrupt how birth certificates are used in official business.
IANAL, but I don't think legal precedent works the way you seem to think. It doesn't mean that the procedures in one state are (or ought to be) binding on another. It means that past decisions of a court must be given appropriate weight in future ones.