Government agencies in Florida appear to be adopting anti-trans policies that directly contradict state laws around government-issued ID, according to a recent report.
Quiet Denial of Rights
Florida’s health department has been quietly denying transgender Floridians who want to update their birth certificates, according to a new report from The 19th, a non-profit newsroom based in Austin, Texas.
Birth Certificate Update Requirements
In the past, trans residents could provide the department with documentation, such as legal name changes and proof of surgical and clinical treatment, to update their birth certificates with new gender markers that better reflect their identity.
Not Accepting Documentation
Now, reporters at The 19th claim that the health agency’s Bureau of Vital Statistics will not accept previously legitimate records and documentation.
Rejection Letters
Since last year, trans adults and minors living in Florida have received letters from the bureau informing them that they cannot update their birth certificates with the correct gender information.
Stubborn Refusals
The bureau has maintained these rejections in the face of detailed documentation, even when they have provided government-issued identification that acknowledges their gender markers.
No Longer Legitimate
Letters from the bureau explicitly state that it no longer accepts this documentation as legitimate support to change their birth certificate, as it does not show that the original birth certificate contains any errors.
“Misstatement, Error, or Omission” Needed
“Specifically, the documentary evidence does not establish that the sex identifier on the birth record contains a misstatement, error, or omission,” a bureau letter from March 2024 reads.
Contradicting State Law
These responses contradict Florida’s existing state laws on the issue, which loosened the requirements for birth certificate amendments back in 2018, allowing more people to change their gender markers without the need for the same strict documentation.
Pre-2018 Laws
Before 2018, trans people in Florida needed to provide proof of sex reassignment surgery before they could change the markers on their birth certificates.
Looser Requirement for Changes
Now, Florida law technically allows residents to update their certificates using broader clinical treatment for gender transition, including hormone therapy.
Actively Enforcing Anti-LGBTQ Policies
This means that agencies like the Bureau of Vital Statistics are actively enforcing anti-trans and LGBTQ policies that fly in the face of state laws, according to the 19th report.
Attorney Speaks Out
Attorney Simone Criss of Florida’s Southern Legal Counsel has represented more than 80 trans clients who have had their birth certificates denied in the last year.
Nothing Worked
Chriss maintains that despite making appeals and attending administrative hearings involving the state health department, none of their legal strategies have worked in helping clients update their certificates, as per their legal rights.
“Most Are Just Being Ignored”
“Most are just being ignored,” she told the nonprofit newsroom. “I’ve filed many. There’s at least five that I have pending at this moment that the department hasn’t responded to.”
Legislation Repeatedly Rejected
In 2023 and 2024, two pieces of legislation that aimed to restrict birth certificate updates based on gender identity and require state ID reflecting assigned sex at birth were rejected by legislators. Now, it appears that state agencies are taking matters into their own hands.
Second Time This Year
This is the second time this year that a state agency in Florida has enacted anti-LGBTQ initiatives. In January, the Florida Department of Highway Safety and Motor Vehicles removed a policy affecting transgender drivers.
Internal Memo
The department quietly issued an internal staff memo informing workers that it would no longer allow transgender Floridians to update their driver’s licenses with gender markers that reflect their identity.
No Response Yet
So far, neither the Florida Department of Health nor its Bureau of Vital Statistics have responded to requests from The 19th for comment on the recent report and allegations.
“The Same Rationale Over and Over”
“Despite making, I think, very compelling arguments as to why the department is violating the rights of transgender people born in the state of Florida, they have come back with the same rationale over and over for denying it,” Chriss said. “Which is … ‘sex doesn’t change.’”
Advice For Trans Floridians
While Chriss and other groups plan to challenge these agencies in federal court, in the meantime, she and reporters at The 19th have recommended that transgender Floridians update all government-issued ID and prioritize their passports, which can often be used in place of state ID.
21 Beliefs About the Bible That Are Actually False
The Bible is one of the most discussed and debated books in history, yet many common beliefs about it are more myth than fact. How many of these misconceptions have you heard before? 21 Beliefs About the Bible That Are Actually False
21 Subtle Racisms That Are Commonplace in America
Racism in America isn’t always overt; it often hides in plain sight through subtle actions and attitudes. How many of these subtle racisms have you noticed around you? 21 Subtle Racisms That Are Commonplace in America
Only Legal in America: 21 Things You CAN’T Do in the Rest of the World
The U.S. dances to its own beat, especially when it comes to laws that make the rest of the world do a double-take. Here’s a lineup of things that scream “Only in America,” sticking strictly to what’s written in the law books. Ready for a tour through the American legal landscape that’ll leave you wondering if freedom might just be a bit too free? Only Legal in America: 21 Things You CAN’T Do in the Rest of the World
Featured Image Credit: Shutterstock / BreizhAtao.
