HB 1361: Gender within Birth Certificates Based on Biological Sex at Birth

Executive Summary

HB 1361 would limit changing the gender on an individual’s birth certificate and permanent record.  Under HB 1361 an individual would only be able to change the gender on their birth certificate if there was a typographical error or if a DNA test proves that the gender listed on their birth certificate is different than the gender verified by the DNA test.  

 

Analysis

Currently in Indiana if you are a biological male, yet you ask the State to change your birth certificate to inaccuratly list you as a biological female, the State will do so.  Indiana is one of very few states to allow this.

A birth certificate and permanent record are things that all levels of government use to accurately govern citizens.   Allowing false information within that permanent record is problematic on a number of levels.

For example, by allowing a male sex offender who has a history of violating young girls to change the gender on his birth certificate to female, so that he may access private areas such as a women’s bathroom, locker room, spa and other areas where women and young girls should be able to change, shower and use the bathroom without a male viewing their activities, state government creates a privacy and safety issue for women and girls. 

By allowing biological males to change the gender on their birth certificate and permanent record the state is publicly declaring something that is not true, yet all levels of government will have to accept.  A biological male is not a biological female.  They are mutually exclusive.  Yet this falsehood is state sanctioned currently in Indiana.

HB 1361 corrects this error.

 

Conclusion

All citizens should be able to rest assured that government issued documents and records such as birth certificates and permanent records will, in fact, be accurate.  HB 1361 will move Indiana back in that direction.

IFI supports HB 1361.