Some states are trying to outlaw birth certificate changes for transgender persons, a most upsetting development.
HRC has a report on a bill in Arkansas, H.B. 1894.
And about a year ago South Dakota had passed a similar bill regarding minor students, link here.
On Feb. 23 I had discussed Gavin Grimm’s Supreme Court case (to be argued March 28) and noted Virginia’s laws, which allow birth certificate change with medical supervision (and seem to presume surgery or hormonal treatment was done or at least started). North Carolina (HB 2) seems to have a similar rule, here.
It seems common for states to require some medical approval (and an attempt at physiological change) and parental consent before allowing birth certificate change, and most school districts would normally have required such changes in the past. Of course, some parents won’t consent, and many families could not “afford” the “treatment”.
These may have been the reasons why the Obama administration had tried to protect transgender students under broad interpretation of federal civil rights laws based on gender (under modern, non-binary interpretations of gender as recently documented in National Geographic film. And the Trump administration, under controversial and beleaguered AG Jeff Sessions, is allowing this rule to expire and returning the authority to states and to school districts.
Trump has himself said that states ought to allow reasonable procedures to allow birth certificate change.
But in many more conservative southern and Midwestern states,, there is still a cultural bias to steer non-conforming or non-binary people to perform in life according to birth gender, as if this were necessary for the security and well being “of the group”. That was the bias I grew up with.