Constitutional Law

Transsexuals Sue Ill. Over Refusal to Change Birth Certificates

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Two transsexuals who underwent sex-change surgeries in Thailand have sued the state of Illinois over officials’ refusal to change the gender on their birth certificates.

Kari Rothkopf and Victoria Kirk filed the suit with the help of lawyers from the American Civil Liberties Union and pro bono lawyers from Jenner & Block, according to the ACLU’s website.

Their suit (PDF) claims officials are violating the state’s Vital Records Act by interpreting it to require surgery by a physician licensed in the United States before the gender on a birth certificate can be changed. In the alternative, the suit seeks a ruling that the law as interpreted violates state constitutional protections to equal protection, due process and privacy.

At a news conference, Kirk said the refusal to change the birth certificate could create significant problems for her in the future, the Chicago Tribune reports. “A document that says I am male puts me at risk of embarrassment, harassment and possibly even physical violence,” she said.

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