California Court of Appeal Affirms Right of Transgender Individuals Living Out-of-State to Change California Birth Certificates

San Francisco, April 14, 2009 – In a groundbreaking victory for transgender people born in California, the California Court of Appeal ruled on Friday that any person can amend their California birth certificate regardless of their current state of residence. Previously, only current California residents could amend their California birth certificates.

In a unanimous decision, the California Court of Appeal held that all people born in California, regardless of where they currently reside, can petition a California court for a new birth certificate. The strongly-worded decision was authored by Presiding Judge James J. Marchiano, who stated that “we discern no compelling state interest in treating California-born transgender individuals who reside out of state differently from California-born transgender individuals who reside in California when either class seeks issuance of a new California birth certificate.”

The case was brought by Transgender Law Center (TLC) on behalf of Gigi Marie Somers. Ms. Somers, a sixty-seven year old transgender woman, was born in California and now lives in Kansas. Ms. Somers underwent sex reassignment surgery in 2005 and has lived as a woman for a decade. When she sought to have a new California birth certificate issued reflecting her female gender, she learned that out-of-state residents were required to obtain a court order from the state in which they resided. Unfortunately, Ms. Somers was not able to obtain a court ordered gender change from her county of residence in Kansas. Left in legal limbo and unable to change her birth certificate, Ms. Somers contacted TLC for help. After the San Francisco Superior Court denied her petition due to the residency requirement, TLC Legal Director Kristina Wertz represented Ms. Somers before the Court of Appeal.

“We are pleased that the Court of Appeal did the right thing for Ms. Somers and recognized her right to change her birth certificate,” said Ms. Wertz. “No one who is born in California should be denied the opportunity to change their birth certificate simply because they are transgender and have moved out of state. Ms. Somers can now rest assured that her birth record will always reflect who she truly is, a right that all people born in California enjoy. This is a landmark victory for transgender people all over the country.”

“I brought this petition because I did not feel that my transition would be complete until my birth certificate showed who I am. Everybody in my life accepts me for who I am, and I wanted to make sure my officials records did too,” said Ms. Somers. “I am extremely happy about this victory and grateful for all the work that TLC has done on my behalf.”

The decision also represents a victory for older transgender people. “It is courageous for a person at any age to fight for their identity. But to have a woman at the age of 67 seek recognition in two states to have her gender identity acknowledged takes remarkable bravery,” said Karen Taylor, Director of Advocacy & Training at Services & Advocacy for GLBT Elders (SAGE). “SAGE has many constituents who spent decades hiding who they were, living under terrible oppression and fear. We understand and celebrate the courage of all older adults who dare to step forward and demand to be acknowledged for who they are. Ms. Somers is an inspiration to all who seek justice and equal treatment, at any age.”

“We applaud the Transgender Law Center for winning this truly significant victory,” said Geoff Kors, Executive Director of Equality California (EQCA). EQCA is currently sponsoring the Equal ID Bill in the California legislature, which will statutorily ensure that transgender individuals can change their California birth certificates no matter where they presently live. Mr. Kors continued, “Our bill can now stand on the shoulders of this week’s landmark decision. Together, we are moving toward full equality for transgender people in California and across the country.”

The decision, Somers v. Superior Court, is currently available on the court’s website www.courtinfo.ca.gov/opinions/documents/A123445.pdf.
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Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities. TLC uses direct legal services, education, community organizing, and advocacy to transform California into a state that recognizes and supports the needs of transgender people and their families. www.transgenderlawcenter.org

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Transgender woman wins birth certificate ruling

A 67-year-old Los Angeles native, now living in Kansas, won a state appeals court ruling in San Francisco on Friday that makes it easier for California-born transgender people to change their birth certificate, a document that can be critical in a security-conscious age.

Gigi Marie Somers was born male but has lived most of her life as a woman, and underwent sex-change surgery in 2005. She got a driver’s license with her new name and gender and sought a new birth certificate, but learned that Kansas was one of the few states that will not change a resident’s sex designation on a birth certificate.

Somers then turned to a California court, only to discover that a 1977 state law requires an application for a sex change on a new birth certificate to be filed in the county where the applicant now lives.

But Friday, the First District Court of Appeal said the law violates the rights of someone like Somers to be treated the same as a transgender person who still lives in California.

Any law that penalizes someone for moving to another state restricts the constitutional right to travel and can be justified only if it meets an urgent government need, which doesn’t exist in this case, Justice James Marchiano said in the 3-0 ruling.

For anyone in a similar situation, the case is important because of “the emphasis placed on identity documents in our post-9/11 world,” said attorney Matt Wood of the Transgender Law Center in San Francisco, which represented Somers.

He said the federal government and employers are increasingly requiring birth certificates or passports to establish the identity of applicants for various programs and jobs.

Legislation that would have the same effect as the court ruling, AB1185 by Assemblyman Ted Lieu, D-Torrance (Los Angeles County), was introduced in February but hasn’t passed yet, Wood said.

See Transgender woman wins birth certificate ruling

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California: Now the Wait Begins

(San Francisco, California) The California Supreme Court heard oral arguments Thursday in a case challenging the constitutionality of Proposition 8. The measure that ended same-sex marriage in the state but a decision on is not expected for up to 90 days.

For three hours, the seven justices hammered away at arguments …

California Court Weighing Gay Marriage Ban

SAN FRANCISCO — Under intense pressure from both sides in the debate over same-sex marriage, the California Supreme Court began hearing arguments Thursday morning on the future of a ballot initiative passed by voters last November that outlawed such unions.
Supporters and opponents of the measure, Proposition 8, began lining up in front of the courthouse in San Francisco before dawn, bringing with them signs, banners and a sense of tense anticipation.
“We knew we had to be here to see it with our own eyes,” said Katherine Stoner, 61, who had traveled from Monterey, with her partner of 34 years, Michelle Welsh.
Several ardent — and outnumbered — opponents of same-sex marriage also held signs with messages like “Gay = Pervert” and “A Moral Wrong Can’t be a Civil Right.”
Don J. Grundmann, a member of the American Warrior Ministry in San Leandro, Calif., said he believed that homosexuality was a “emotional pathology” that he feared would be taught to children.
“That’s the real objective,” Mr. Grundmann said.
Mr. Grundmann said he wanted to support traditional marriage between a man and a woman, which Proposition 8 affirmed in the November election, passing with 52 percent of the vote. Opponents have sued, saying the ballot measure violates the state constitution, setting up Thursday’s hearing.
The three-hour hearing is a critical legal test for both sides. But opponents of Proposition 8 also used Thursday’s hearing as a prime moment to rally their forces and demonstrate resilience after a stinging election loss that many among them believe could have been avoided. See California Court Weighing Gay Marriage Ban
New York Times – United States * Tags = gay men gay news lesbian news transgender bisexual

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Thousands attend vigils ahead of Prop 8 hearing

(San Francisco, California) Tens of thousands of people took part in candlelight vigils Wednesday night to mark today’s California Supreme Court hearing on Proposition 8, the measure that ended same-sex marriage in the state.

Vigils were held in more than 30 cities throughout the state with the biggest in San Francisco.

Called …

California Supreme Court may reveal stance on Prop. 8 on Thursday

eporting from San Francisco — The California Supreme Court may reveal Thursday whether it intends to uphold Proposition 8, and if so, whether an estimated 18,000 same-sex marriages will remain valid, during a high-stakes televised session that has sparked plans for demonstrations throughout the state.

By now, the court already has drafted a decision on the case, with an author and at least three other justices willing to sign it. Oral arguments sometimes result in changes to the draft, but rarely do they change the majority position. The ruling is due in 90 days. See California Supreme Court may reveal stance on Prop. 8 on Thursday