Legislation would simplify changing gender on birth certificates
For 54 years, Illinois’ Vital Records Act has prevented transgender people from changing the sex listed on their birth certificate without undergoing surgery. A bill sponsored by Rep. Greg Harris, D-Chicago, would remove that longtime barrier in the gender transition process.
On April 5, Democrats in the House Human Service Committee approved Harris’ bill on an 8-6 vote. The bill would allow people to change the sex on their birth certificates as long as they meet certain conditions. People who want to change their designated sex would need to prove that they have been undergoing treatment based on contemporary medical standards and have a signed affidavit from a licensed medical professional who has specialized knowledge in the field of gender dysphoria. The bill would also change the current language from saying “sex change” to a “sex designation.”
Harris emphasizes that allowing people to amend their sex on their birth certificate is just one step towards Illinois’ Vital Records Act reflecting current federal laws that allow changes to be made on other forms of identification.
Owen Daniel-McCarter, policy and advocacy director at Illinois Safe Schools Alliance, says the law would be a step toward helping their clients overcome one of many challenges they face in efforts to update their identification. The Illinois Safe Schools Alliance works to promote the safety and healthy development of youth who identify in schools with the lesbian, gay, bisexual, transgender and questioning community.
“The gender marker change has been a big barrier for folks who have had their passports, state ID and veteran’s ID changed,” McCarter-Daniel said. “I am so happy this bill has passed in committee because it would help a lot of people get through the transition process.”
Testimonies from supporters during the legislative hearing revealed feelings of embarrassment and anxiety associated with having to identify with the sex they were born to – as supposed to the one they have chosen to be. The new law would allow them to have this preference without surgery – or judgment.
“I am forced to publicly out myself,” said Aeryn Najliaorich, a 42-year-old Illinois resident. “My birth certificate says that I am not a woman. Because of Illinois’ antiquated laws, I cannot get the gender marker on my birth certificate amended to reflect the person you see before you today.”
Najliaorich discussed how hemophilia and allergies to pain medicine have deterred her from having surgery.
“Because I cannot take pain medicine, I feel every bit of every ache, pain, incision and stitch,” she said. “It is because of my hemophilia and allergy to pain medicine, that surgery of any kind is something that the state shouldn’t make me subject myself too.”
Najaliaorich is not alone. For others who testified at the hearing, surgery is not only a health risk, but a major cost they say they may never be able to afford.
Ralph Rivera, lobbyist for the Illinois Family Institute, opposed the bill due to a lack of specifics on the kind of treatment a person is undergoing, along with uncertainty over whether or not this can be a one-time change to a person’s birth certificate. IMA is a religious-based nonprofit focused on “upholding and reaffirming marriage, family, life and liberty in Illinois.”
“The families I represent know clearly that you’re born either a male or a female,” Rivera said. “This change in the law says that you can have some unspecified treatment. A person’s reason for changing their sex doesn’t have to be a medical reason. The way it’s written, it could be just a mindset.”
Rep. Litesa Wallace, D-Rockford, voted in favor of the bill, leaving the audience with a statement supporters agreed with.
“Sex is static, but gender identity is fluid,” Wallace said. “You’re born biologically with that set of chromosomes, but how you identify with the world and present yourself in the world is a deeply personal and private choice.”
Contact Brittany Hilderbrand at intern@illinoistimes.com.
