This post is by Meghan Stabler, a new member of HRC’s Board of Directors.
Last night Gov. Schwarzenegger signed a number of bills, including Harvey Milk day (May 22nd), however he also vetoed a large proportion of other legislation including a bill for the transgender community born in California, and either resident in another county, state or country. This bill (AB1185) would have allowed qualified transgender people born in California to return to the county of their birth to obtain a new birth certificate reflecting the correct gender, as well as any accompanying name change.
His veto stated:
“To the Members of the California State Assembly:
I am returning Assembly Bill 1185 without my signature.
The California Courts of Appeal have already provided a remedy for this issue, therefore this bill is unnecessary.”
Whilst he is correct in his answer it is only a partial remedy and not easily available for those living outside the county of their birth.
The current law allows a person born in California who has undergone genital reassignment surgery to petition the superior court to obtain a new birth certificate reflecting a change of gender and any associated name change. However, the law permits a petition for the issuance of a new birth certificate to be filed only in the superior court of the county in which the petitioner resides. This restriction arbitrarily discriminates against transgender people born in California but now living outside the state, who have otherwise complied with the law, in accessing accurate identity documentation.
Birth certificates form the foundation of our everyday identity documents, including social security cards and passports. Having accurate documentation is necessary to show new employers and ease international travel. It can create administrative and personal nightmares when the gender on a birth certificate does not match the gender that someone lives day-to-day. Burdening the transgender community with additional costs and legal requirements does not help an already marginalized community.
AB 1185 would have ensured that transgender people born in California can return to the county of their birth to obtain a corrected birth certificate. It would also have provided greater access to transgender persons living in the state, allowing them for first time to petition the court in their home counties. This legislation would have had no fiscal impact to the state.
Gov Schwarzenegger failed the transgender citizens born in California!
UPDATE: The Transgender Law Center has more here
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