Respect Equality

Vermont advances bill to simplify amending birth certificates to match gender identity

The bill would streamline the process for amending a birth certificate to accurately reflect a person’s gender identity.
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Story at a glance

  • Vermont Gov. Phil Scott (R) has received a bill from the state legislature which would simplify the process of amending state-issued birth certificates.

  • Currently, an individual may only change the gender listed on their Vermont birth certificate if they provide the state with an affidavit from a licensed physician stating they have received some form of gender-affirming care.

  • Should the bill be signed into law, residents would be able to self-attest their gender identity. The law would take effect July 1.

Vermont Gov. Phil Scott (R) on Tuesday received a bill from the state legislature seeking to simplify the process of amending state-issued birth certificates to accurately reflect a person’s gender identity. The governor now has four days to either veto the measure or sign it into law.

Current Vermont law does not allow residents to change the gender listed on their original birth certificate unless the state has received an affidavit by a licensed physician stating that the individual has “undergone surgical, hormonal, or other treatment appropriate for that individual for the purpose of gender transition.”

Should the bill be signed into law, that requirement would be replaced by a policy which allows Vermonters to self-attest their gender identity, even if they have not received gender-affirming care.


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“There is a long history of discrimination and violence against the LGBTQIA+ community. This act serves to mitigate future harm through the creation of a simple and equitable system to provide for all gender marker changes on a Vermont birth certificate to be made through means such as self-attestation,” reads a portion of the bill, sponsored by Progressive and Democratic Rep. Taylor Small, who in 2020 became the first openly transgender person elected to the Vermont House of Representatives.

“It is the policy of the State of Vermont to honor and acknowledge all gender identities and protect public health and dignity of all individuals in Vermont, irrespective of their gender. Accordingly, the State shall adopt a simple process by which an individual may amend the marker on a birth certificate to reflect the individual’s gender identity, including a third non-binary marker,” the bill reads.

That would make Vermont the 15th state, including the District of Columbia, to recognize an “X” gender marker on birth certificates. The State Department last week announced the gender designation would be available for U.S. passport holders beginning April 11.

The Vermont bill would also mandate the state Health Department to adopt rules considered “necessary” to implement, administer and enforce the new policy. The department is also encouraged to add gender pronouns to the list of gender markers on birth certificates to “foster a gender literate environment,” according to the bill.

Should Scott sign the measure into law, it will take effect July 1.



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