NYC Councilman Proposes Birth Certificate Modernization

New York's vibrant LGBT community applauds the New York City Department of Health and Mental Hygiene and the New York City Council, in particular, Councilmember Corey Johnson, for introducing policy and legislation recommendations respectively that will remove the surgical requirements for transgender residents in New York City to correct their gender markers on their birth certificates.

"Having such a critical document that correctly reflects your gender identity is a basic human right that too many transgender people have been denied for far too long," said Councilmember Corey Johnson. "Practically speaking, these measures will transform the lives of transgender individuals in so many ways that other people take for granted-from accessing government benefits and health coverage, to getting a job and using appropriate facilities."

The news comes on the heels of New York State's revised birth certificate policy change this June under Governor Andrew M. Cuomo and the State Department of Health's leadership. The proposed changes would remove an outdated and invasive surgical requirement for transgender residents of New York City to align their gender marker on their birth certificate with their gender identity.

"We commend the New York City Department of Health and Mental Hygiene and the New York City Council under Corey Johnson's leadership for moving this important correction forward so that transgender New Yorkers can secure birth certificates that accurately reflect their gender identity," said Empire State Pride Agenda Executive Director Nathan M. Schaefer. "We urge both governmental bodies to adopt this change as soon as possible and bring New York City up to speed with the state and closer to equality for transgender New Yorkers."

Groups that supported the move included the New York Civil Liberties Union, Empire State Pride Agenda, Transgender Legal Defense & Education Fund (TLDEF), Sylvia Rivera Law Project, New York City's Lesbian, Gay, Bisexual & Transgender Community Center, the New York Legal Assistance Group and community leaders.

"You don't realize the importance of having a birth certificate that accurately reflects who you are until you face the challenges that transgender New Yorkers regularly struggle with -- harassment, denials of service, employment problems, and other endless bureaucratic nightmares caused by a single ineradicable mark on their basic proof of identity," said New York Civil Liberties Union Executive Director Donna Lieberman. "We applaud Council Member Johnson and the Department of Health for taking this important step toward eliminating the discrimination faced by transgender New Yorkers in their everyday lives.

Glennda Testone, Executive Director of The Lesbian, Gay, Bisexual & Transgender Community Center, said that the bill proposed to allow transgender people to amend their birth certificates without requiring that they undergo sex reassignment was a highly positive action that directly addresses the challenges faced by transgender New Yorkers as they seek access to the same privileges and rights that other New Yorkers enjoy. This policy revision is a crucial step that will allow transgender people equal access to vital records critical to survival and participation in society, she added, applauding Johnson for his efforts.

"We applaud these efforts to help transgender people born in New York City update their birth certificates to match who they truly are. These proposed policy changes reflect modern medical standards for transgender health care," echoed TLDEF Executive Director Michael Silverman.

He noted that New York City's existing policy makes it all but impossible for transgender people to get birth certificates that reflect their true identities. It requires surgical procedures that most transgender people have not undergone, either because of discriminatory health insurance exclusions that make such procedures unaffordable, or because such procedures are medically inappropriate for some people.

"That leaves most transgender people with inaccurate birth certificates that do not reflect their true identities. And it leaves them to face harassment and discrimination whenever they need to show those inaccurate birth certificates," he added. "We are hopeful that the City Council and the Board of Health will change this harmful policy and improve the lives of transgender people."

The New York Legal Assistance Group (NYLAG) also applauded the New York City Department of Health and the City Council for the proposed change to New York City's birth certificate policy, saying the proposed policy not only brings New York City closer in line with the medical community's current consensus on how a person's gender should be recognized, but is also consistent with many federal and state policies. Having accurate identification is a critical part of ensuring that people can safely access sustaining services such as healthcare, housing, public benefits, employment and emergency services.

"Nearly 25 years after transition, I applied for a new passport. In spite of ensuring that all of my documents complied with Federal regulations, the Passport Bureau still reverted to my outdated New York City birth certificate and sent me a wrong gender passport. I will now have to start the whole process over again. These new guidelines will help simple clerical decisions be made without judgment or confusion," said Melissa Sklarz, Director, New York Trans Rights Organization (NYTRO).

The Sylvia Rivera Law Project also commended Johnson and the New York City Council for introducing important policy recommendations that seek to eliminate barriers faced by transgender New Yorkers seeking to access identity documents that affirm their gender without being forced to undergo invasive and often inaccessible surgeries.

"Without access to proper identity documents, transgender people in New York City are increasingly exposed to discrimination when trying to access employment, healthcare, public benefits, and housing. This step brings NYC closer to conformity with the modern policies and best practices being adopted nationwide," they noted.

The proposed change would bring New York City up to speed with a number of Federal agencies and states that already offer similar guidelines. In 2010, the U.S. Department of State updated its policy regarding Consular Reports of Birth Abroad (a federal birth certificate for U.S. citizens born abroad) and U.S. passports to require that a person's treating or evaluating physician write a letter certifying that the person has undergone appropriate clinical treatment for gender transition. No proof of surgery is required.

The Social Security Administration has also eliminated its surgical requirement for amending gender markers. Other federal agencies such as the Department of Homeland Security's U.S. Citizenship and Immigration Services, Veterans Health Administration and the Office of Personnel Management have adopted similar policies.

According to the National Transgender Discrimination Survey, 40 percent of transgender people have faced harassment when presenting identity documents that did not match their gender identity/expression. In addition, 15 percent report being denied entry or asked to leave because of gender mismatches, and 3 percent report facing physical assault due to mismatched ID.