Suit challenges surgery mandate for birth certificate change

TRENTON, N.J. (AP) — A transgender woman in New Jersey filed a federal lawsuit that said the state's requirement that she prove she underwent sexual reassignment surgery to change the gender on her birth certificate was a state-sanctioned compulsion.

The lawsuit was filed against the state Department of Health last week, NJ.com reported (http://bit.ly/2gk6zvC ) Tuesday.

The plaintiff, identified as Jane Doe, doesn't plan to undergo surgery to change her anatomy from male to female, the lawsuit stated.

It also accused the state of violating her due process and equal protection rights "to define her bodily integrity" and "personal autonomy."

Lee Moore, spokesman for the attorney general's office, which represents state agencies in legal matters, declined to comment on the case.

The state Legislature twice passed a bill that would allow transgender people to change their birth certificates if they receive a doctor's certification. Gov. Chris Christie vetoed the bill both times, due to security concerns in changing what he calls "one of the most important legal documents that a person possesses."

"Proposed measures to revise the standards for the issuance of amended birth certificates must be accompanied by appropriate safeguards to mitigate security risks," Christie said.

Julie Chovanes, co-founder of the national advocacy organization, Trans-Help, is representing the plaintiff, along with attorney Paul Fitzmaurice.

Bureaucracy and people shouldn't see transgender people as immoral or mentally ill, Chovanes said.

"If people don't get this, they have to understand these are children of God just like them, and the want to be recognized how God made them," she said.

Chovanes' group successfully sued Pennsylvania, resulting in an amended birth certificate and a law change, she said. Pennsylvania in August eliminated a requirement that people receive sexual reassignment surgery to change the gender on their birth certificate.

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Information from: NJ Advance Media.

Copyright Associated Press. All rights reserved.

The Gayly - 11/23/2016 @ 11:56 a.m. CST.