Accurate Birth Certificates for Trans and Intersex Wisconsinites

The ACLU of Wisconsin, along with pro bono counsel from Willkie Farr & Gallagher LLP, filed a lawsuit against Governor Tony Evers and the Department of Health Services, on behalf of Trans Law Help Wisconsin and a transgender Wisconsin woman, seeking to overturn a provision in state law that denies transgender people the right to change the sex markers on their birth certificates unless they first undergo a “surgical sex procedure.”

Wisconsin statute 69.15(b) mandates that all trans or intersex people who seek to modify the sex marker on their birth certificate so it matches their authentic gender identity must first undergo a “surgical sex change” procedure, but it does not define this vague and imprecise term.

The plaintiffs assert that forcing someone to surgically alter their body and publicly disclose facts concerning any surgery before they can update the sex on their birth certificate violates the Wisconsin Constitution.

Birth certificates are a fundamentally important form of identification that may be relied on for a wide variety of purposes, including obtaining a driver’s license, opening a bank account, enrolling in school, and applying for public benefits. Having identity documents that accurately reflect a person’s identity and affirm an individual’s identity is a basic form of dignity, and forcing people to undergo surgery they may not want or need and publicly disclose facts about those procedures is unconstitutional.

A national study published in 2025 found that a third of trans people reported being harassed, denied benefits or services, or physically assaulted after showing identification that did not match their gender presentation.

“Having an ID with correct gender markers is a crucial part of trans affirmation and acceptance,” said Jade Hall, staff attorney with the ACLU of Wisconsin. “When people present their birth certificate – whether to get a job, obtain a marriage license, or apply for a passport – they should feel confident that it accurately represents who they are. But for trans people who cannot update their sex marker to reflect their gender identity, being forced to carry around identity documents that misgender them – it can lead to feelings of delegitimation and rejection.”

“If you are cisgender, you’re able to modify your birth certificate, with some documentation that your current marker is an error or mistake. There is no reason why a trans person shouldn’t be able to do the same. The decision to surgically transition is deeply personal and should be left to individuals and their doctors, not coerced by the government.”

“Being yourself shouldn't be a legal challenge, and I'm proud that Trans Law Help Wisconsin is standing up against Wisconsin's vague and outdated law governing birth certificate sex marker changes,” said Anne Daugherty-Leiter, Board President, Trans Law Help Wisconsin, Inc.

“By conditioning accurate identity documents on an undefined surgical requirement, the law sends the harmful message that there is a 'right' way to be transgender and that some transgender and nonbinary people are more deserving of legal recognition than others. That is contrary to our values and to the Wisconsin Constitution. A person's legal recognition should never depend on whether they can access, want, or need surgery. Wisconsin should join the growing number of states, including our neighbor Minnesota, that have modernized their laws to ensure identity documents reflect who a person is, not their medical history."