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- cross-posted to:
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A federal appeals court panel has ruled that Tennessee does not unconstitutionally discriminate against transgender people by not allowing them to change the sex designation on their birth certificates
An interesting thought on this is why do we even use that document in the first place. Lots of info on it is no longer valid outside of your location of birth. Your hair can change color if it even is out by then, height, weight, etc etc. Sex and gender seem to be the same.
I think it’s because its the first official document you receive once you’re born and consequently it is required to get other forms of official ID later in life. Many institutions also want multiple forms of official ID to prove who you are, so it is still useful after other forms of official ID are obtained (ie a passport or state license). It’s just convenient to have, really.
Still, to your point most babies kinda look the same and the descriptors we use at birth are not necessarily accurate later in life. We can update other forms of government ID, why not a birth certificate?
Really, this Tennessee Judge’s logic doesn’t hold up here. Just because a right is not explicitly mentioned does not mean we do not have it. I would argue our right to modify our own birth certificate (through official channels) is an implicit right.
In fact, I would also go so far as to say that this is government overreach; the Constitution is really more about restricting what the government can do to its people, and less about what it’s citizens cannot do. But republicans only believe that when it suits their own agenda.