Utah Supreme Court affirms transgender Utahns’ right to update gender markers on birth certificates

The Matheson Courthouse is shown with the Equality Utah statement. Images: Wikipedia/public domain; Equality Utah Facebook page

SALT LAKE CITY, Utah, May 6, 2021 (Gephardt Daily) — The Utah Supreme Court on Thursday affirmed the rights of transgender Utahns to update their genders on their birth certificates.

“Transgender Utahns breathe a sigh of relief today after the Utah Supreme Court affirmed our right to update our legal gender markers,” says a statement issued by Transgender Education Advocates of Utah.

“Many of your neighbors have been denied this right or languished in legal limbo for too long. Transgender Education Advocates of Utah joins our community in celebrating our right to be seen for who we are under the law. The court’s decision comes nearly 3.5 years after the arguments were first heard.”

This ruling should create a statewide standard for changing gender markers, the statement says.

“Previously, some judges would grant these orders while others would not— leaving many transgender Utahns waiting on the courts or simply unable to update their documents. Under the old system, a trans person’s ability to update their gender marker was often a matter of which court district they lived in.”

Thursday’s ruling allows for a two-pronged standard for all Utahns, the statement says.

  • The first is showing the update isn’t for a “wrongful or fraudulent purpose”
  • The second is showing “evidence of clinical care or treatment for gender transitioning or change, provided by a licensed medical professional.”

Equality Utah also shared its response:

“After 3.5 years, the Utah Supreme Court ruled today In Re Gray and Rice (20170046) 2021 UT 13, and confirmed the right of transgender Utahns to change the name and gender marker on their birth certificates,” its statement says.

“This is a landmark ruling that allows transgender Utahns to fully integrate as equal members of society.”


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