By Barbara Hoberock, Oklahoma Voice
OKLAHOMA CITY – State law has never allowed changes to the sex designation on Oklahoman’s birth certificates, the state’s high court ruled.
The Oklahoma Supreme Court issued the 6-3 ruling on Tuesday following questions from a federal appellate court stemming from a lawsuit filed by three transgender individuals who sought to change the sex designation on their birth certificates.
The three requested the Oklahoma State Department of Health make changes to their sex designations after obtaining state court orders requiring it.
The Oklahoma State Department of Health refused, saying a 2024 executive order issued by Gov. Kevin Stitt barred the changes.
The executive order said a 2021 settlement agreement entered into by the Oklahoma State Department of Health was not authorized by Stitt’s administration and required amending birth certificates in a manner not permitted under law.
Starting around 2007, some people had obtained court orders directing the health department to amend birth certificates to match their gender identity, the order said.
The court said that the practice was “largely non-adversarial and persisted with little notoriety” until 2021 when the health department entered into a settlement enabling someone to obtain an amended birth certificate with a gender neutral designation.
The settlement prompted Stitt’s executive order, the order said.
The court said Tuesday that birth certificates may be amended when a name change is needed, to demonstrate paternity of a child born to unmarried individuals or to change a child’s surname.
The court found that state law prohibits amending a birth certificate to change the male or female sex designation assigned at birth even if someone’s gender identity does not align.
State administrative code also allows a birth certificate to be amended if the registrant’s name needs to be added, to correct an erroneous name or other changes to correct a misstatement of fact, according to the order.
No provision of administrative code allows a sex change designation on a birth certificate, the court order said.
