COLUMBUS, Ohio (AP) — The Ohio Supreme Court has agreed to hear a case in which a probate judge rejected a transgender woman’s request to correct her birth certificate, leading to a split in court rulings and guidance on the issue.
Attorneys for the Clark County woman argue the judge’s ruling, upheld by the 2nd Ohio District Court of Appeals, runs counter to a federal court decision, an Ohio Department of Health certificate change process, a Supreme Court probate form allowing for gender corrections, and procedures in more than a dozen other Ohio probate courts.
The Clark County judge improperly ruled that nothing in state law gives probate judges authority to correct gender on a birth certificate unless it was originally made in error, according to an Aug. 1 court filing by the woman’s attorneys asking the high court to hear the case.
The attorneys also noted that the state Health Department updated its process to allow for birth certificate corrections after a federal court in 2020 found unconstitutional Ohio’s rule prohibiting changes to gender on birth certificates.
In addition, the state Supreme Court issued a form in August 2021 allowing probate courts to correct gender under state law, the attorneys said.
The Supreme Court ruled 4-3 Tuesday to accept the Clark County case.