Transgender woman's birth certificate change request unresolved after Ohio Supreme Court deadlock

The Ohio Supreme Court on Tuesday deadlocked on a decision that would have determined whether a transgender woman could change the sex marker on her birth certificate. The court's inability to reach a majority decision leaves the lower court ruling denying the request intact.

Hailey Adelaide, born male in 1973, sought to change the sex marker on her birth certificate from male to female. The Clark County Probate Court denied her application, ruling that the law only allows changes to birth certificates if the information was incorrectly recorded at the time of birth.

A divided Supreme Court could not agree on whether the state law allowed such a change.

Justices Joseph T. Deters, Sharon L. Kennedy, and R. Patrick DeWine argued that the court lacked the authority to hear the case because there was no adverse party to the appeal. They contended that the probate court's decision on birth certificate changes is administrative and not subject to appeal.

Justices Patrick F. Fischer, Michael P. Donnelly, Melody Stewart, and Jennifer Brunner disagreed, asserting that the court had the authority to review the case. However, they could not agree on the merits of the case.

Justices Fischer, Donnelly, and Stewart would have affirmed the probate court's decision, while Justice Brunner would have overturned it.

Justice Fischer argued that the state registrar, who oversees vital statistics, had an adverse interest in the case and that the law did not allow for changes to birth certificates based on circumstances after birth.

Justice Donnelly concurred, emphasizing the need for legislative action to address the rights of transgender individuals.

Justice Brunner, on the other hand, believed that the law allowed changes to birth certificates, citing a previous federal court decision and the evolving understanding of gender identity.

The court's decision leaves the legal landscape surrounding birth certificate changes for transgender individuals in Ohio uncertain. Advocates for transgender rights may now turn to the state legislature to seek legislative changes.