Judge Rules Idaho Cannot Deny Amended Birth Certificates to Men Who Identify as Women

BOISE, Idaho — A federal judge has ruled that the State of Idaho cannot legally decline to issue amended birth certificates to those who suffer from gender dysphoria, concluding that refusals violate the Equal Protection Clause of the Fourteenth Amendment.

“Defendants … violate the Equal Protection Clause by failing to provide an avenue for transgender people to amend the sex listed on their birth certificates,” wrote U.S. Magistrate Judge Candy Dale. “Plaintiffs have sufficiently demonstrated that they have suffered irreparable injury and harm that cannot be remedied by ordinary remedies at law.”

As previously reported, last July, Lambda Legal filed suit against the Idaho Department of Health and Welfare (IDHW) on behalf of two men who identify as women in an effort to force the state to change the men’s birth certificates. Both have had their name and sex changed on their driver’s licenses and social security records, and now would like to have their birth certificates amended as well.

Both have been turned down due to state policies.

“I just want a birth certificate that accurately reflects who I am,” one of the plaintiffs, only being identified as F.V., said in a statement after the legal challenge was filed. “I hope that Idaho will give me the dignity of deciding when complete strangers get to know deeply private information about my life. Like so many transgender people, I’ve been on the receiving end of harassment and outright violence. It costs Idaho nothing to correct this piece of paper and recognize me as the woman that I am.”

On Monday, Judge Dale sided with Lambda Legal and the complainants, issuing an injunction against any further denials, which she said had “no justification.”

“IDHW permits some classes of people, adoptive parents for instance, to make amendments to birth certificates without record of the amendment on the reissued certificate. IDHW has similar laws and policies related to the change of paternal information. These laws give certain people access to birth certificates that accurately reflect who they are, while denying transgender people, as a class, access to birth certificates that accurately reflect their gender identity,” she wrote.

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Dale gave the State the deadline of April 6 to begin accepting applications for amended birth certificates. The new certificates cannot include any indication that the person’s name and sex had been altered.

According to reports, Idaho officials conceded that there was “no rational basis” for declining to change the birth certificates, but told the court that it would create a new rule once it obtained an official order.

Read Dale’s opinion and order here.

Lambda Legal cheered the ruling, calling the State’s policy and practice of denying amended birth certificates to men who feel like women—and vice versa—“archaic” and dangerous,” and claimed that it forced “transgender Idahoans to go through life with inaccurate birth certificates.”

As previously reported, Scripture states that those who turn God’s creation “upside down” are like the clay telling the potter that he doesn’t know what he’s doing.

Romans 9:20 says, “Nay but, O man, who art thou that repliest against God? Shall the thing formed say to Him that formed it, ‘Why hast thou made me thus?’”

Isaiah 29:16 also declares, “Surely your turning of things upside down shall be esteemed as the potter’s clay, for shall the work say of Him that made it, ‘He made me not?’ Or shall the thing framed say of Him that framed it, ‘He had no understanding?’”

Deuteronomy 22:5 further outlines, “The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman’s garment, for all that do so are abomination unto the Lord thy God.”

“Doth not even nature itself teach you that if a man have long hair it is a shame unto him?” 1 Corinthians 11:14 additionally notes.

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  • YoikesAndAway

    frankly if people want to get down to basics, then just have labels of who contributed the sperm and who provided the ova.

  • Amos Moses – He>i

    officially endorsed lies ………….

    • Studentenviro

      What lie would that be?

      • Amos Moses – He>i

        that a person of a specific gender can choose to somehow be the other …… pretty basic science ….. biology 101 ………..

        • Studentenviro

          Try using advanced science instead of just basic science.

          • Amos Moses – He>i

            OH …. you mean FALSE SCIENCE ….. news flash ….. FEELINGS …… are not science …..

          • Susan Perelka

            No, feelings are science fiction. A story you make up in your own imagination. It seems today, people have forgotten how to discern the difference.

          • Susan Perelka

            Advanced science confirms it down to the molecular level. It is coded in your DNA which is in every cell in your body. Trillions of cells.

          • Studentenviro

            Not necessarily. DNA is far from the whole story. Advanced science tells us that.

          • Try using some common sense.

          • Studentenviro

            Common sense often turns out not to be that sensible.
            Try using advanced science.

      • Is that a joke or are you really that stupid?

        • Studentenviro

          The answer to your questions is neither. It appears the only way you know how to approach an argument is to use derogatory language. Not a very productive method.

          The question is “What lie would that be?”

          • Your criticism of me is valid as I was out of line for inferring that you are stupid and I am sorry.

          • Studentenviro

            Thank you. That is appreciated.

  • Susan Perelka

    People of Idaho, write, e-mail, your representatives that you are not going to vote them in if they do these kinds of things. I left Colorado because I watched these types of things start to happen and I watched how quickly things changed for the worse there. Crime went up. More and more bad laws got passed by corrupt politicians who protected each other. The lawless started to get protected and the law abiding citizens started getting denied justice. This is a warning sign that some bad has gotten in. Fight it or Idaho will go the way of Colorado, that was influenced by those who moved there from California (or the Californians who brought their ideology that had destroyed their own state, not the ones who fled because they didn’t want to be a part of that ideology anymore)

  • I will now demand that my bank amend my monthly statement to show that I am the multi millionaire that I self identify as.

  • Chet

    They can declare themselves to be women from now till doomsday, consistently accomplishing their goal in their own minds. Yet, ultimately, as in all life, they will ultimately depart this life as they began it. DNA determines gender and such is not alterable. Besides, those considering themselves to somehow be evolving sure do make for some very had looking make believe women… A man can lose his private parts due to cancer, war or automobile accident et al, yet, he forever remains a man, period…