Michigan Attorney General Dana Nessel recently issued an opinion that the requirement in Michigan law that transgender people have to undergo gender reassignment surgery to obtain a gender marker change on their Michigan birth certificate is unconstitutional and unenforceable.
While an opinion is not the same as a court opinion, it is binding on a state agency, meaning the Department of Vital Records can no longer require an affidavit of surgery from a transgender applicant. What we still don’t know, unfortunately, is whether the Department of Health and Human Services — where the Vital Records department is housed —will require a different form or may just accept the application to change the gender on the birth certificate.
What does this mean for you?
Until more clarity is sought on the matter (if it is), members of the trans community born in Michigan are welcome to go ahead and request the gender marker change, and if there are any problems, follow up with the state department. You can access this form on the department’s website, here.
This is a MAJOR step forward and will allow more transgender people born in Michigan to have an accurate birth certificate that reflects their authentic lives!
Please also know that if you want more help navigating this or any other part of the journey to your authentic self, Transcend the Binary is here for you. We have a care team ready to assist in whatever means possible and can be contacted on our “Contact Us” page.