As the executive director of Equality Virginia, the state’s leading advocacy organization for the advancement of lesbian, gay, bisexual, and transgender rights, I support this amendment. This update to the Vital Records regulations is in accordance with best practices for a modernized policy, and follows the professional expertise of organizations such as the World Professional Association for Transgender Health (WPATH), which makes clear that gender transition is an individualized process that is not the same for all transgender people; and, a surgery requirement does not align with current understanding in transgender health care.

Additionally, the Vital Records regulations should allow for gender change upon submission of a statement from a licensed provider, rather than requiring a court order. Forcing people to discuss their gender identity and any medical treatment they have undergone in open court can cause significant discomfort and be psychologically traumatic. Further, the expense of securing legal counsel is beyond the means of many transgender people, a significant number of whom are unemployed or underemployed because of employment and education discrimination. Taking the gender change process out of the courts and into the hands of the vital records agency will bring consistency and efficiency to the process, and also has the benefit of reserving court resources for more appropriate matters.

Our laws regarding gender change on public documents need to align with current research and what evidence-based medicine has told us.  We know that folks are born transgender.   We need to respect the rights of an individual to self-identify and we need public documents to reflect those rights.  The identification change records should not require surgery, nor a costly court order.  Individuals and their medical providers have the expertise to determine when a change is necessary--this should not be left up to public officials, nor judges to determine.

This needs to be an administrative document route, not something that is left up to the whim of a judge.  We need a process by which all public documents can be changed to reflect consistency.

There are many people, including me who have changed there name but not there gender marker. I cant see any reason why the courts need to be invloved with this process. I also cant understand why my birth sex is important to any one other than me. If I live my life as a woman 24hrs a day then I should be able to check female on any required paper work for the state and local goverments. I also work for the Federal Goverment and my social security account lists me as a female. Why cant the state fall in suit with the Federal goverment. It seems to me we are making this way to difficult, a gender presentation is a very personnel decision and one not determined by any doctor or court but by the person as an individual. Please solve this problem and take this issue out of the courts and stream line this process to accomadate those of us trying just to be our selves.

Thank you,

Katelyn O'Conner

A consistent administrative process for updating gender markers across all government documents would be efficient and cost effective for government while being more responsive to those people who need the changed documents.  It is only sensible to have documents that match the person they describe. 

These changes are both common sense and compassionate. 

According to the World Professional Association for Transgender Health (WPATH), best practices for a
modernized policy means recognizing that gender transition is an individualized process that is not the
same for all transgender people; and, a surgery requirement does not align with current understanding
in transgender health care.
I support hte recommended amendment.

I have represented and currently represent clients for whom this petition would be a huge benefit.  

The current process needs to be simplified to reflect that clinically appropriate medical procedures do not always involve surgery and to further allow petitioners to forgo the need for a court order in all but the most extraordinary of cases.  The current process is unnecessarily confusing for transgender folks, imposes barriers that aren't in the statute (by requiring surgery) and for the vast majority of those folks, it requires the assistance of legal professionals, which can make the process prohibitively expensive.  This should be a primarily administrative process.  

Thank you.  

The words sex and gender are commonly used interchangeably, but many linguists would argue that their usage is quite distinct. Sex refers to the biological and physiological characteristics, while gender refers to behaviors, roles, expectations, and activities in society.

Sex refers to male or female, while gender refers to masculine or feminine.

The differences in the sexes do not vary throughout the world, but differences in gender do.

Birth Certificates should be uniformed across the Nation as well as the Commonwealth. The Certificate of Birth should remain the same throughout life, as one is unable to change their chromosomal make-up from XX to XY or from XY to XX through surgical or aesthetics.

Would recommend a Birth Certificate should state one's "Sex" at Birth to be "XX" or "XY".

The science is clear. People are born either male or female. Despite what someone may desire, they are one or the other. Our birth certificates are a snapshot of the situation when the child was born. That does not change. The certificate must reflect the truth.

Please update this outdated process. Requiring explicit details of one's medical treatment is invasive and unnecessary. Requiring surgery is unrealistic and pointless. Many people have lived for years as a gender different from what their birth certificate says, and have not had reconstructive genital surgery because of personal or financial reasons. This surgery is incredibly expensive, out of reach for many people, and is totally irrelevant to any interactions they have other than those specific to their sexual partners or doctors. Having a birth certificate that conflicts with their life, appearance, identity, and other legal ID causes immense problems.

Surgery is not needed to change other forms of ID, including passports and social security cards. It should not be necessary for VA birth certificates.

On behalf of the Virginia Catholic Conference, the public-policy agency of the Commonwealth’s Catholic bishops and their dioceses, I write to oppose the proposed amendments to the Vital Records regulations submitted by petitioners.

Current law [12VAC5-550-320 (Change of Sex)] sets forth objective biological and legal standards – a surgery verified by the physician performing it, and a court order changing the name of the registrant and designating the sex of the registrant – before a new certificate of birth can be prepared for a person born in Virginia whose sex has been changed.  The proposed amendments seek to eliminate those standards, and to replace them with subjective determinations that would be difficult to evaluate.  Moreover, the proposed amendments would completely negate the important role of courts in this process.

We oppose these amendments because they conflate the biological reality of a person’s sex with subjective views of gender identity.  Given our understanding that science (rooted in DNA evidence) determines a person’s sex, we also oppose the amendments because they create an even greater divide between the objective reality of how persons were created and how some may subsequently seek to define their gender.

Birth certificates are designed to be documents that record historical events, not documents to be altered by personal choice. Birth certificates are also legal documents used for many legal purposes.  Changing the laws relating to this document could have untold ripple effects and unintended consequences on other documents and other areas of law.  Sound laws are based on stability, not uncertainty.  And certainly, court oversight of the process is essential.

Any regulations in this area must also avoid infringing on the rights of individuals and organizations whose rights to make distinctions according to one's sex at birth are already recognized by federal laws (e.g., the First Amendment and Title IX) that have a higher level of authority than Virginia regulations.

As to the choice between current law and the proposed amendments submitted by petitioners, we believe the choice is clear: The current law, though in our view based on deeply flawed understandings, at least offers objective standards, and should be retained.

I fully support an update to the Vital Records regulations that will no longer require surgery and/or a court order to change the gender marker on Virginia birth certificates. The District of Columbia code allows for gender designation change based upon a letter from a licensed health care provider stating that an individual has received "treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards." The current Virginia code is not in line with contemporary medical standards due to the surgical and court order requirements. Additionally, the surgical requirement creates barriers for those who are unable to undergo surgery due to financial or health concerns. Because gender confirmation surgery results in sterilization, the reproductive rights of transgender individuals are sacrificed uneccesarily in order for their actual gender to be acknowledged by the state. I believe the gender transition process is best managed by an individual in partnership with their health care team, and not by the court.

As community advocate for transgender people, I support this amendment. This update to the Vital Records regulations is in accordance with best practices for a modernized policy, and follows the professional expertise of organizations such as the American Psychological Association, the American Psychiatric Association, the American Medical Association, and the World Professional Association for Transgender Health (WPATH), which makes clear that gender transition is an individualized process that is not the same for all transgender people; and, a surgery requirement does not align with current understanding in transgender health care.

Additionally, the Vital Records regulations should allow for gender change upon submission of a statement from a licensed provider, rather than requiring a court order. Forcing people to discuss their gender identity and any medical treatment they have undergone in open court can cause significant discomfort and be psychologically traumatic. Further, the expense of securing legal counsel is beyond the means of many transgender people, a significant number of whom are unemployed or underemployed because of employment and education discrimination. Taking the gender change process out of the courts and placing it into the hands of the vital records agency will bring consistency and efficiency to the process, and also has the benefit of reserving court resources for more appropriate matters.

I'm writing in support of the petition to change requirements for how change the gender marker on birth certificates. To require evidence of surgery ignores the reality that many transgender individuals have no wish to have sugery done, and yet still want thier birth certificate to reflect the identity they have affirmed; others simply cannot afford to have surgery, which is very costly and typically not covered by insurance plans. In all of these ways, the current requirement is discriminatory in the ways that it demands specifice forms of documentation. Instead, it makes sense to require only evidence of an ongoing and committed social (not necessarily physical) transition, which can be tesitifed to by a range of trained professionals.

I support the recommended amendment.  The policy should allow for gender change upon submission of a statement from a licensed provider, rather than requiring a court order. Forcing people to discuss their gender identity and any medical treatment they have undergone in open court can cause significant discomfort and be psychologically traumatic. Further, the expense of securing legal counsel is beyond the means of many transgender people, a significant number of whom are unemployed or underemployed because of employment and education discrimination. 

It is important to take the gender change process out of the courts and into the hands of the vital records agency will bring consistency and efficiency to the process, and also has the benefit of reserving court resources for more appropriate matters.

As a transgender individual, I cannot express in words how important this amendment is in recognizing that transgender individuals deserve the right to live freely and openly as themselves.  According to the World Professional Association for Transgender Health (WPATH),best practices for a modernized policy means recognizing that gender transition is an individualized process that is not the same for all transgender people; and, a surgery requirement does not align with current understanding in transgender health care.

The policy should allow for gender change upon submission of a statement from a licensed provider,rather than requiring a court order. Forcing people to discuss their gender identity and any medical treatment they have undergone in open court can cause significant discomfort and be psychologically traumatic. Further, the expense of securing legal counsel is beyond the means of many transgender people, a significant number of whom are unemployed or underemployed because of employment and education discrimination.

It is important to take the gender change process out of the courts and into the hands of the vital records agency will bringconsistency and efficiency to the process, and also has the benefit of reserving court resources for more appropriate matters.

Every single day, I have to live with the discrimination of being trans. I miss out on many things simply because I do not want to have to show my ID and be outed as a trans individual. I can't get proper healthcare without the fear of being discriminated against. This policy would allow me the ability to live a normal life like everyone else without having to have that fear. I don't want to get my documentation changed so that I can hurt or deceive anyone. I want to get my documentation changed so that I can live my life as me and  have the right to be happy just as yourself or anyone else.

Dear Sir or Madam,

I would earnestly urge you to support the change of policy requested in this petition.  I am a transgender person born in Virginia, but currently living in Ireland where a very progressive piece of legislation has recently come into force and which makes life far better for transgender people.  The result of it is that I now have all my legal documents updated—except for my Virginia birth certificate.

The problem with birth certs is that they define people as male or female strictly according to their genitalia.  Transgender people cannot, cannot, be defined in this way, and imposing such a definition upon them is discriminatory because it presents transgender people with a host of problems that cisgender people don’t have to face.  The usual definition of male-female amounts to a denial of the existence of transgenderism, but we transpeople do exist and we need recognition of our status so that we, like everyone else, will able to live in a way that gives us a chance of finding some happiness in this world.

There is a common argument that a gender marker should not be changed because a birth cert is a “historical document” that records a given person’s status at birth.  This argument is weak.  An “M” or an “F” is always assumed to be a cisgender male or female.  A transgender person is neither.  A transperson is trans.  Hence this “historical document” is a false record.  If the Commonwealth of Virginia has a right or duty to record my status, it seems they would also have an obligation to record it correctly.

The requirement that a transperson undergo surgery in order to have their record changed also reflects a misunderstanding of transgenderism.  Regardless of any surgery a transperson undergoes, they are trans; and being trans they will want to live in a certain way in order to be happy.  Many transpeople elect to have no surgery at all and object to the notion that in order to gain legal recognition of their status they should be forced to undergo surgery which they see as irrelevant or indeed detrimental to their happiness.  Regardless of surgery, they are transgender, not cisgender, and the usual definition of (cisgender) male or female is still inappropriate for them.

An “M” suggests that they will want to live male; an “F” suggests that they will want to live female.  But only the transgender individual will know how they need to live in order to be happy.  By imposing an “M” or “F” on an individual, the Commonwealth is arrogating to itself the right to determine what sort of life will make that individual happy.  This is a decision that should be left to the individual.  It’s a question of individual freedom.

Thank you.

As a person born in Virginia, now living in another state, the existing state requirements make it nearly impossible to change my birth certificate, hence my Georgia drivers license, to match my passport. This means I bave conflicting identification on me when I travel , apply for jobs and more. Please remember that doctors, at birth, do not perform genetic testing, hence many people grow up as ome assigned sex as determined by visual inspection, but are later determined to be the opposite sex when genetic testing is performed. Check with the board of health to confirm this well known fact.

Updating this regulation would make it easier for transgender individuals to have consistent legal documents, something that is essential for many who have transitioned from one gender to another. Having inconsistent legal documents can create difficulties for transgender people, as well as make them vulnerable to discrimination and harassment.

Though one may argue that birth certificates are historical documents, it is ultimately more important that birth certificates be accurate. It is already possible for a person to have their birth certificate changed by court order, so clearly, birth certificates are not set in stone. Birth certificates do not always reflect a child's genetic history. For example, children who are conceived using an egg or sperm donor generally do not have the donor listed as a parent on the birth certificate, even though genetically, the donor is one of their parents. When a baby's sex is recorded, it's based on the doctor's best knowledge, usually based on the appearance of the genitals. But we know that intersex individuals are sometimes assigned a sex at birth based on the appearance of their genitals rather than their chromosomes. In the case of transgender people, many feel strongly that they have always been the gender that they identify as. Those who medically transition may change their bodies significantly, meaning that the sex listed on the birth certificate is no longer truly accurate even in a biological sense.

Ultimately, the only people who need to be concerned about a transgender person's medical history or their chromosomes are the transgender individual and their doctors. Birth certificates are most often used as a form of identification, so it is vital that they reflect who a person actually is, not who they were believed to be at birth.

I fully support an update to the Vital Records regulations that will no longer require surgery and/or a court order to change the gender marker on Virginia birth certificates. The District of Columbia code allows for gender designation change based upon a letter from a licensed health care provider stating that an individual has received "treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards." The current Virginia code is not in line with contemporary medical standards due to the surgical and court order requirements. Additionally, the surgical requirement creates barriers for those who are unable to undergo surgery due to financial or health concerns. Because gender confirmation surgery results in sterilization, the reproductive rights of transgender individuals are sacrificed uneccesarily in order for their actual gender to be acknowledged by the state. I believe the gender transition process is best managed by an individual in partnership with their health care team, and not by the court.

I support the recommended amendment for the following reasons:

1. According to the World Professional Association for Transgender Health (WPATH), best practices for a modernized policy means recognizing that gender transition is an individualized process that is not the same for all transgender people; and, a surgery requirement does not align with current understanding in transgender health care.

2. The policy should allow for gender change upon submission of a statement from a licensed provider, rather than requiring a court order. Forcing people to discuss their gender identity and any medical treatment they have undergone in open court can cause significant discomfort and be psychologically traumatic. Further, the expense of securing legal counsel is beyond the means of many transgender people, a significant number of whom are unemployed or underemployed because of employment and education discrimination.

3. It is important to take the gender change process out of the courts and into the hands of the vital records agency will bring consistency and efficiency to the process, and also has the benefit of reserving court resources for more appropriate matters.

If someone truly wanted to change their lives, I believe they should before a judge. It's just part of life. There is different scenarios out there that make people go through hoops to get something back or changed. That's the judicial system.

I support the recommended amendment!

Children are born male or female.  You may alter the parts but there is no changing DNA.

According to the World Professional Association for Transgender Health (WPATH), best practices for a modernized policy means recognizing that gender transition is an individualized process that is not the same for all transgender people; and, a surgery requirement does not align with current understanding in transgender health care.

If someone truly wanted to change their lives/gender, I believe they should go before a judge. It's just apart of life. There is so many different scenarios out there that make people go through hoops to get something changed. What makes them special? If you want equality then they need to go through the system along with all the trials and tribulations that go along with it, in order to change what they truly want. That's the judicial system. Accept it and move on. Everyone else in this world has to do the same to accomplish something. I also believe that whatever plumbing you have is what restroom you should go to as well. Why would you want a man who is a "woman" to go to the same restroom as our children? If you make it to where they have to go through the judicial system then it would protect our women and children from a potential man who decided to be a "woman" for the day from molesting them in the restroom when they're at a vulnerable state.

It's a BIRTH CERTIFICATE, not a WHAT GENDER ARE YOU NOW OR YOU WANT TO BE CERTIFICATE. If people feel the need for a gender certificate then let them propose one. Do not mess with a historical document.

support!

The regulation is sufficient as it stands. People cannot choose their gender and change it as they see fit. Placing a (low) hurdle in the way prevents abuse. If a court order is required to change one's name, shouldn't it be required to change gender? As for surgery, gender isn't a thought, it is physical. Without a permanent physical change and a court order as requirements, it would be possible to change gender on a yearly basis.

This is a common sense approach to a problem that needs to be remedied, and remedied sooner rather than later.

.

Identity markers are vital for the safety and security of everyone. They should represent a fair and accurate means for an individual to provide for all legal purposes.  Gender markers are part of the system for placing a state run category tracking label on individuals. Are they who they say they are?  Ones genitalia are seldom at issue in determining this identity. A person's body is private. To deny a person the official document that affirms them in their gender is critical for employment, among other aspects of day to day life. To place this added burden on people to have to expose their personal and intimate details of their bodies is not just intrusive, it can have catastrophic impact on their ability to earn a living, if a question of "who are you really?" arises.

How does this change cause harm? Who has the right to disclose such personal information? Only the individual. Not the state. 

 I, for one, am a transgender man, meaning my gender identity, gender expression, and behavior does not conform to that typically associated with the notion of the female sex. The process of changing legal documentation can be quite strenuous for transgenders. Requiring resignment surgery that most insurance companies still consider cosmetic is unfair. 

I support the amendment.

I believe that the sex one is born with should be listed on the birth certificate unless an individual has undergone necessary surgery to fully change their sex.

All people need to be treated with respect.

Please support this amendment!  Not all transgender people choose gender affirming surgery, and many cannot afford the expense due to lack of health insurance coverage.  Young people need to have their gender markers listed according to their gender identity and expression for their school records, drivers license, etc. to provide privacy and safety.  A letter from a professional provider is certainly enough proof that an individual is taking their identity seriously, that it is not a phase, and that it is important enough to be willing to go through the hoops to prove their identity.  The process is difficult enough that it doesn't need to be discussed in open court, which would only cause more distress for the individual and possibly make them a target since it is a public forum.  Please consider:  According to the World Professional Association for Transgender Health (WPATH), best practices for a modernized policy means recognizing that gender transition is an individualized process that is not the same for all transgender people; and, a surgery requirement does not align with current understanding in transgender health care.  

Thank you!  Please support the recommended amendment!

I support this petition.

-Some transgendered persons choose not to have surgery.

-Some transgendered persons cannot afford surgery.

-Court paperwork can be convoluted.

-Medical professionals and psychological professionals are much better equipped to make decisions about gender identity than court personnel.

-Mental health costs and suicide rates rise when transgendered persons are unable to navigate society as easily as cisgendered persons.

This petition makes sense. 

An individual's gender is understood often at a very young age, long before medical intervention and legal permissiveness is even an option or even necessary for the health and happiness of an individual. 

Setting a a legal loophole for "surgery" is often an impossible hurdle due to age requirements, financial means, and in many cases is simply not necessary. 

Such a requirement imposes a serious and unnecessary breach of privacy between a citizen and the government. 

Such a requirement imposes nothing less than mandatory sterilization on such individuals, and imposes on their reproductive rights. 

Such a requirement springs from small mindedness, ignorance, fear, and bigotry.  

Modern science and modern psychology have mutually shown that gender is quite distinct from biological sexuality, and one only needs to put the most minimal effort into researching sexual anomaly in humans and other animals to see among "gender" and "sexuality" that neither is in any way a binary issue. 

And finally, gender non conformity is not a "new" issue. For thousands of years First Nations recognized gender diversity on this very soil, "Two Spirit" peoples have been recognized and allowed rightful place in society for tens of hundreds of generations in Native American peoples, and gender fluidity and gender non conforming people have been documented in practically every civilation at every time and place on this planet. 

It it is time to end discrimination and legislated bigotry against our gender non conforming friends, family, neighbors, and citizens once and for all. 

Thank you. 

I support this amendment.

I VERY STRONGLY support the recommended petition.