The American Medical Association (AMA) has taken a significant step forward in advocating for the rights of transgender, non-binary, and intersex individuals. According to a report released in June, the AMA’s LGBTQ+ advisory committee has recommended that the sex of a newborn should not be included on the publicly accessible portion of birth certificates in the United States. The committee argued that “designating sex as a binary variable on birth certificates reinforces the notion of it being fixed” and “neglects the diverse medical spectrum of gender identity.”
While the sex assigned at birth would still be recorded, it would not be publicly displayed. The AMA explained that the information would be sent to the U.S. Standard Certificate of Live Birth solely for “medical, public health, and statistical purposes.” This recommendation marks a considerable advancement for the LGBTQ+ community, who often encounter various forms of discrimination due to mismatches between their gender identity and the sex designated on their birth certificates. Individuals who do not conform to traditional gender norms often face challenges in employment, healthcare access, and even family matters like adoption.
“We must acknowledge that gender exists on a spectrum, not just as a binary classification,” stated Laura Green, MD, an AMA delegate from New York representing the Women Physicians Section. “Forcing our patients to navigate a maze of administrative barriers to reflect their true selves based on a sex assigned at birth is not only unnecessary but harmful to their well-being.”
The use of birth certificates as a tool for discrimination is not new. The AMA highlighted that birth records have historically been used to support discrimination, entrench racial hierarchies, and prevent interracial marriages. The report noted that while the race of parents is no longer included on public birth certificates due to its discriminatory potential, the designation of sex remains, despite similar risks of discrimination.
There is still much progress to be made. Currently, 14 states allow a third gender option on birth certificates, and 49 states (including Washington, D.C.) permit individuals to amend the sex listed on their birth certificates. However, this process can be cumbersome and often requires proof of sex reassignment surgery. Tennessee stands out as the only state that does not allow gender markers to be changed on birth certificates, as per the Movement Advancement Project (MAP).
This recommendation is a promising initial step toward reducing the challenges and discrimination faced by transgender and non-binary individuals in their pursuit of recognition and rights.
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Summary:
The American Medical Association has recommended that sex not be included on the public portion of birth certificates in the U.S., highlighting the need to recognize gender as a spectrum rather than a binary. While the sex assigned at birth will still be recorded for medical purposes, this change aims to reduce discrimination faced by transgender, non-binary, and intersex individuals. The push for this change reflects a broader movement towards inclusivity and recognition in legal documentation.
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