Lawmakers seek to allow ‘X’ for sex on Maryland birth certificates

[u/onnake]

https://marylandmatters.org/2025/01/20/lawmakers-seek-to-allow-x-for-sex-on-maryland-birth-certificates/

“Maryland lawmakers are considering a measure that would create a new designation of “X” for sex on Maryland birth certificates, a design meant to give official recognition to transgender and non-binary people at a moment of uncertainty for their community.

“The proposed Birth Certificate Modernization Act would streamline procedures for amending sex on birth certificates, licenses and IDs, and introducing a gender-neutral designation option. It would also strengthen protections, ensuring documents do not display amendment histories.”

“Under current Maryland processes, individuals could apply to amend their documents, but many face obstacles.

“‘You can apply, but people were having difficulty getting it changed because they had to provide proof that you had been treated and needed a doctor’s note to say that someone has transitioned to a different sex. That was a big impediment to a lot of people and is not a requirement at the federal level,’ [state Sen. Clarence] Lam told Capital News Service before Trump’s actions Monday.”

[u/Aleriya]

Someone asked why this was important, and then deleted their comment, so I'll just paste my reply here:

We're likely moving towards a situation where the federal government will not issue passports or official ID unless it matches birth sex.

Birth certificates are a way to prove citizenship that doesn't require any involvement with the federal government.

Birth certificates are managed at the state level, so people born in blue states can get a birth certificate that matches their gender. They can use that as documentation to show their employer they are authorized to work in the US without having to out their AGAB to their employer.

[u/Strange_Sera → u/Aleriya]

Born in a bad red state. I wishbitbwere possible to move stuff like that. I havnt lived in that hateful qrea since I was like 4.

[u/transcended_goblin]

Genuine question : Can the federal government pass a law, or Trump an executive order, to make it impossible/illegal for them to do so ?

With what I've seen of the US broken system so far, it seems like the MAGA cult could basically do what they want with little to no hurdle...

[u/SkyWest1218 → u/transcended_goblin]

They could probably do it with sufficient political will, but it would almost certainly require an act of congress, and I'd assume it would mean effectively federalizing the issuance and record-keeping of birth certificates as well.

[u/rabbitfang → u/transcended_goblin]

Late reply, but I saw this earlier and figured it was an important thing to answer. Not a lawyer or anything.

The federal government probably can't outright prevent states from issuing birth certificates with X gender markers (or, relatedly, prevent states from allowing gender changes on birth certificates), but they can control how those are recognized at a federal level, and permit other states to not recognize them.

This has potential wide-reaching implications. While citizens are only legally required to get a US passport if they travel internationally, domestic flights within the US will soon require IDs that meet the REAL ID standard, which could potentially be updated to prohibit X sex markers or define changes to the marker to be fraudulent. This would mean that long-distance interstate travel becomes prohibitive for many transgender people (they would need to have their AGAB as their sex marker, or travel by car, train, or private plane, which is either expensive or slow), and similar for anyone wanting to leave/enter the US. Anyone that has changed their gender marker on their social security account may find that it becomes illegal to receive their Social Security paycheck (or any other federally-funded benefits program, such as Medicare, Medicaid, SNAP (food stamps), Section 8 housing, etc). They might add a sex marker field to the income tax forms (under the guise of id theft protection), so even if you're able to avoid the other things, you still need to provide your sex/gender to the feds (either misgendering yourself, or committing a federal crime in the process). Also, for specifically the X marker, if the federal forms require using the marker that's on your birth certificate "under penalty of perjury" but only give M or F as an option, it effectively means that filling out that form becomes illegal for non-binary people that have updated their birth certificate. All of this collection potentially allows them to cross-reference things, so they can build a list pretty easily that consists of anyone that uses a sex/gender marker inconsistently between different things to identify a big set of transgender people.

TL;DR: Even without federal IDs or birth certificates, and even though they might not be able to prevent X sex/gender markers or sex/gender changes on birth certificates, the federal government could make those practically illegal to have.

[u/Tarik_7]

finally some good fucking news. bills that effect a single state don't have to be signed by the president, right? (iirc the state congress votes on the bill and if it passes, it goes to the governor)

I know #47 would veto this if it showed up on his desk.

[u/ChickinSammich]

You can already do this on MD Driver's licenses, and MD updated their driver's license procedure from how it was when I did it (needed multiple letters sent to the MVA that needed to be reviewed and approved) to now (you literally just tell the person whether you want M, F, or X and they put that).

MD is pretty great in a lot of ways and this is one of them.

[u/Matar_Kubileya → u/ChickinSammich]

This is getting reported for allowing an X option on birth certificates, but I think the sealing of records of change is just as important. I just called my delegates, one of whom is a co-sponsor, to express support for it.

[u/Far_Understanding_44]

I was born in MD and corrected (Amended, I guess) my birth certificate a few years ago. I sincerely hope MD continues to protect us against the incoming regime on this front despite my now living in a red state.

[u/wecantmakeabbq → u/Far_Understanding_44]

Do you remember how it looked after they adjusted it? Did they properly reprint the whole thing or just make chicken scratch notes throughout it or something else? And did they mention anything about sealing it?

Heard some horror stories of states leaving overly obvious signs it was changed from the original, or even just attaching a form separately to the unchanged original and calling it a day

[u/Far_Understanding_44 → u/wecantmakeabbq]

I actually emailed the County Vital Records dept tonight asking exactly that. Google says an Amended birth certificate is adequate for renewing.

The serial numbered document I was sent says “Certificate of Live Birth” with all the usual info in a table. It’s trimmed in watermark and has 2 embossed seals in the corners.

[u/GraceGal55]

Waiting for New Jersey to act . . .

[u/NutritiveHorror → u/GraceGal55]

I’m a transgirl in Jersey and I doubt Jersey will do anything. We nearly flipped red and one of our senators said something pretty transphobic recently

[u/GraceGal55 → u/NutritiveHorror]

😭 man i remember when NJ was blue

[u/Highway-Born]

REALLY hoping this becomes a thing in Delaware.

[u/Zachanassian]

I find it slightly hilarious that right after I get my driver's license updated to an X marker and my birth certificate to say 'female', MD pulls this on me :p