The city discriminates against transgendered people by making them jump through hoops to amend their birth certificates, a new lawsuit charges.
While the New York City Health Code says a “new birth certificate shall be filed when . . . the name of the person has been changed pursuant to court order and proof satisfactory to the department has been submitted that such person has undergone convertive surgery,” Louis Leonard Birney said that’s actually not good enough for the city Department of Health and Mental Hygiene.
The 70-year-old, who underwent female to male convertive surgery in May of 2009, turned over a detailed affidavit from his doctor outlining the procedure, but said the DOHMH also demanded that he turn over his complete surgical record, as well as undergo a post-operative psychiatric evaluation.
The suit says the requirements, which are not posted on the agency’s website, “not only exceed the relevant legal requirements, but infringe petitioner’s constitutional rights by requiring him to disclose confidential information regarding his medical history without just cause.”
“It’s really outrageous,” said Birney’s lawyer, Yetta Kurland. “Why do they need a psychiatric evaluation? For what purpose? It’s bizarre.”
She noted other agencies, including the state DMV and the US State Department, amend genders with a single form.
The suit asks a judge to order the agency to amend the birth certificate.
Gabriel Taussig of the city Law Department said a birth certificate “is primary evidence of U.S. citizenship, which in turn is crucial to the issuance of Social Security cards as well as passports, and other governmental identification documents. Although we understand the concerns raised by the petitioners in the lawsuit, the Board of Health should not change its requirements without assurance that the amended certificate cannot be misused.”