Court Rules State Can Require Biological Sex on Birth Certificates

A federal judge has ruled in favor of Indiana's executive order requiring biological sexes to be listed on birth certificates, denying a request from the ACLU to block the order.

INDIANAPOLIS — A federal court has ruled in favor of an executive order issued by Indiana Gov. Mike Braun that requires biological sexes to be listed on birth certificates.

The ruling made by Judge Matthew P. Brookman denies a request from the ACLU to block the order, who claimed it violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment under the U.S. Constitution. The court’s decision upholds the order, stating that it is not likely to cause irreparable harm.

Back in March, Gov. Braun issued the executive order which blocked the Indiana Department of Health from allowing gender markers on birth certificates. Supporters of the order claim it protects female athletes and women in prison, while opponents argue that it violates those who identify as transgender.

In a press release put out on Monday, Indiana Attorney General Todd Rokita called the court’s decision “a win for truth, reason, and common sense.”

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