The Maryland Senate meets on the final day of the General Assembly in the State House in Annapolis on Monday, April 13, 2015.
The General Assembly passed a bill this legislative session that would make it easier for transgender state residents to obtain new birth certificates that reflect their preferred gender and name.
This measure would allow transgender residents to receive new birth certificates with the name and gender they currently possess without any indication of a change on the document.
The House of Delegates passed the Senate Bill 743 on a 91-49 vote April 8. Cross-filed with House Bill 862, the bill now heads to Gov. Larry Hogan’s office for final approval.
This bill could serve as an educational tool to change the minds of people who were opposed to such legislation in the past, said Sen. Susan Lee (D-Montgomery), the bill’s sponsor. Even though the vote was not unanimous, and others who expressed opposition had previously formed opinions about the measure, Lee said they should eventually come together in support of the move.
“This was a vote for equality — to have an environment free of discrimination, no matter who you are,” Lee said.
The secretary of health and mental hygiene must render new birth certificates for people if the Department of Health and Mental Hygiene receives information from a licensed health care practitioner that proves the individual experienced a sex change or was diagnosed with an intersex condition, or if there is a court order to prove it.
If an individual had a birth certificate amended for a sex change prior to Oct. 1, 2015, this bill would allow a new birth certificate to be issued as well.
Lee said this bill will send a strong message to residents that showcases what this state is about — the desire to have all of its residents living under the same rights.
“This pushes Maryland along in the series of things that needs to happen in being supportive of LGB and particularly T people,” said Luke Jensen, this university’s LGBT Equity Center director.
Del. David Moon (D-Montgomery) — House Bill 862’s sponsor — said he feels this bill allows this state to take a lead regarding LGBT issues and legislation, especially with the passage of other LGBT rights bills in the past, such as the Civil Marriage Protection Act in 2012 and the Fairness for All Marylanders Act of 2014. These approved rights allow for LGBT people to be more included in society than before, he said.
As bills continue to pass, there has been less pushback toward them and more people voting in favor of them, Moon said.
“The LGBT community has stepped into the politically mainstream, and any taboo or stigma that may have previously existed on these issues is quickly melting away,” Moon said.
Making sure one’s personal identifying documents align with one’s gender is something most people take for granted, Jensen said. But for a transgender person or a person with an intersex condition, it can be difficult for them to live the life they want with a misleading original birth certificate, he said.
This bill will benefit transgender residents because their documents will finally match who they are, Jensen said. Having a birth certificate that states a different gender than one identifies as could create problems, such as difficulty obtaining a job.
This bill will also help transgender people avoid possible employment discrimination, physical harm and overall dangers due to a lack of tolerance, Lee said.
“It’s really about letting people get on with their lives without having their privacy violated and without subjecting them to possible discrimination,” Moon said.
