Advocates denounce birth certificate bill

Oct. 23—In response to the Oklahoma Department of Health issuing a birth certificate with a nonbinary gender designation, State Sen. Michael Bergstrom, R-Adair, has filed legislation that would require male and female to be the only options on birth certificates to identify a child's sex at birth.

This comes after an Oregon resident, who was born in Oklahoma, sued the department for refusing their request to change the birth certificate to nonbinary. In a settlement reached in May, the department, represented by the Office of the Attorney General, agreed to add nonbinary as an option on birth certificates.

Bergstrom said he was told a couple months ago that the State Department of Health had no intention of adding another option to birth certificates.

"We're at an odd time in history where people are seemingly forgetting science and biology and casting common sense out the window," he said. "When babies are born, they are either born male or female based on their chromosomes and genitals. Allowing anything else to be listed on a birth certificate is ludicrous, and it's time we clarify this in our statutes."

The settlement reached between the Oregon resident and the state happened under former AG Mike Hunter's administration. Occurring in May, little was said about the deal and the OSDH's decision. So the news of the department's issuing a gender neutral certificate in early October came as a surprise to many GOP lawmakers.

"It seems like somehow this got covered up or was never released, so I think it was kind of a shock to everybody," he said. "I don't know whether [Hunter] actually did that himself or it was under one of his assistant attorney generals, but you would think right there in Oklahoma City that the Legislature or the governor would be informed or part of that decision-making process."

If the bill were to pass the Legislature and be signed by the governor, the sex or gender designation on a birth certificate would be either male or female. Nonbinary, or any symbol representing nonbinary designation, could not be used.

Yolette Ross, Cherokee County Democratic Party chair, doesn't see the need for lawmakers to draw up legislation to combat a court settlement.

"I think it should be up to the individual person — how they choose to identify themselves," she said. "It should be left up to them. I don't know what the downside would be, or if there even is a downside. If the health department deemed it appropriate that they make that policy, then I go on the side of the health department. I don't think it should be legislated."

The attorney for the individual who sued the department reportedly said he was surprised at the disapproval expressed by Oklahoma's Republican lawmakers. In a statement by Gov. Kevin Stitt, he condemned the OSDH court settlement, saying it was entered into by "rogue activities," and that he plans to take "whatever action necessary to protect Oklahoma values and our way of life."

TahlEquality, a local chapter of Oklahomans for Equality, released a statement saying the GOP officials are using scare tactics to politicize and invalidate the trans and nonbinary community.

"It is truly disheartening that a basic opportunity for more inclusion is being spun as some radical change. The reality is that while trans and nonbinary individuals now have more choice over their legal markers, absolutely nothing will change for cisgender individuals who wish to keep their documentation the same as it is now," the organization said.

Pemberton expects Bergstrom's bill to be a hot-button issue when the legislative session ramps up in 2022.

"It won't go unchallenged, trust me," he said.

The legislation is likely to get support from State Sen. Greg Treat, R-Oklahoma, Senate president pro tempore.

"The authority to institute policy changes of this magnitude rightly belongs within the legislative branch, the branch of government closest to the people," he said. "Executive branch agencies should not attempt to legislate or make substantive policy changes like this through rule making or court settlement."

But LGBTQ advocates say the GOP's response is built in transphobia, and are concerned such legislation could endanger the lives of trans and nonbinary people. Maddox Marcus called the bill "disgusting, transphobic, and science denying."

"I fail to see how a trans person living authentically has any effect on those legislators. It doesn't affect them personally and doesn't affect their ability to practice their faith," he said. "They yell about individual liberties and freedoms until it's something they disagree with and don't understand. They want to use biology as an argument, but conveniently ignored the numerous studies that show the existence of intersex people. They obviously failed biology just like they fail in the department of empathy."