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Latin Times
Latin Times
National
Maria Villarroel

Florida agencies are preventing transgender people from changing their identity on birth certificates: report

During 2023 and 2024, transgender Floridians who applied to amend their birth certificates received denial letters. Their appeals have been mostly ignored. (Credit: AFP)

Florida's health department has been denying updated birth certificates for transgender Floridians, according to a new report. The agency allegedly is also turning down those who have other government-issued identification that is updated and accurately reflects their gender identity.

The report shows that during 2023 and 2024, trans minors and adults who applied for amended birth certificates received denial letters from the state health agency's Bureau of Vital Statistics. In those letters, the bureau says the paperwork that has long been accepted to update gender on birth certificates— like proof of clinical treatment and a legal name change— no longer works, The 19th reported.

"Specifically, the documentary evidence does not establish that the sex identifier on the birth record contains a misstatement, error, or omission," one denial letter from March 2024 reads.

Simone Chriss, an attorney with the Southern Legal Counsel in Florida and the director of the organization's transgender rights initiative, has worked with around 80 clients who she says have all been denied updated birth certificates since late August.

The attorney told The 19th that none of their appeals, including an administrative hearing overseen by Florida's health agency, have worked.

"Most are just being ignored," Chriss said. "I've filed many. There's at least five that I have pending at this moment that the department hasn't responded to."

The move is the latest example of Florida's state agencies enforcing anti-LGBTQ+ policies outside the legislature, according to Axios.

For instance, in January, the Florida Department of Highway Safety and Motor Vehicles quietly rescinded a policy allowing transgender people to obtain a driver's license corresponding with their gender identity.

Being able to change one's gender identity is highly important, Axios argues. Without accurate documents, trans people risk being outed and face possible harassment or discrimination in their daily lives.

For Latinos residing in Latin America, there are laws in place in different countries that allow transgender residents to change their gender identity in official documents.

Argentina was the first Latin American country to pass laws of that nature. The Gender Identity Law, passed in 2012, allows a person to modify their personal data in the National Registry and to change their registered name, image, and sex by submitting a letter. During this process, the DNI is not modified.

Transgender Uruguayans can also legally change their name and gender on all civil documents including on the National ID (Cedula) and passports. Likewise, in Colombia, adults over 18 can change their legal gender on their identification documents without prior judicial approval or psychiatric or physical examinations.

Other countries with similar legislation include Mexico, Brazil, Chile, Ecuador and Bolivia. However, the implementation and accessibility of these processes can vary, and individuals may still face challenges and discrimination.

© 2024 Latin Times. All rights reserved. Do not reproduce without permission.

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