By FOCUS, a Leonine Business
Debates over gender identity and vital records continue in 2025, with over 60 state-level bills introduced so far. Most of the pending measures are aimed at restricting changes to gender markers or removal of nonbinary designations on birth certificates, driver’s licenses, state IDs and death certificates. Proponents of these measures argue that official records should reflect biological sex at birth, while opponents, including LGBTQ+ advocacy groups, warn about the potential impact on legal recognition, safety and access to services for transgender and nonbinary individuals.
At the federal level, the U.S. State Department suspended passport applications requesting gender markers that are different from biological sex, following an executive order from Republican President Donald Trump. The ACLU sued on behalf of transgender and nonbinary Americans in February, arguing the policy forces disclosure of gender identity at borders, risking discrimination. In March, Boston Judge Julia Kobick heard Orr v Trump, with plaintiffs seeking a preliminary injunction. She has not provided an indication of when a ruling will be issued.
As federal debates over gender identity continue to unfold, states are moving forward with their own measures. Most are aimed at solidifying, expanding and building on laws passed in previous years and reflect a range of recent approaches. In Utah, SB 74 was signed into law by Republican Gov. Spencer Cox on March 25, restricting incarcerated individuals from changing their legal sex or names on vital records. Under the new law, a court may approve a petition to change the sex designation on a birth certificate only if certain criteria are met, including that the individual is not currently involved in any legal proceedings.
Similar efforts are underway in other states. West Virginia enacted a law defining “male” and “female” strictly in biological terms, effectively prohibiting gender marker changes on official documents and reinforcing a 2024 law that bans non-binary designations on birth certificates. In Iowa, the enactment of SF 418 has led legal experts to urge transgender and nonbinary individuals to amend their birth certificates before the law takes effect on July 1. The legislation removes “gender identity” as a protected class under the Iowa Civil Rights Act. This rolls back former anti-discrimination protections and instead mandates that birth certificates list sex as male or female which would be considered as “clinically verified at birth.” It also ends the process for transgender Iowans to amend their birth certificates.
In contrast to these restrictions, several states are advancing more inclusive policies. Colorado’s HB 1109 would ensure death certificates reflect an individual’s gender identity, allowing male, female, or nonbinary designations based on documents or input from next of kin. California’s AB 1084 aims to simplify legal name and gender marker updates for transgender and nonbinary residents by eliminating objection periods and unnecessary hearings, requiring courts to act within two weeks, and expediting updated documents. These actions highlight the ongoing national debate over gender identity and legal recognition of transgender and nonbinary individuals. FOCUS will continue to monitor developments regarding LGBTQ+ amendments to vital records across the country.
by Kiera Casey 4/7/25
