The Ohio Supreme Court failed to reach a consensus on whether a transgender woman can change the sex marked on her birth certificate.
The case was brought to the court by Hailey Emmeline Adelaide, who was appealing the Clark County Probate Court's judgment denying her application to change the sex marked on her birth certificate. The Second District Court of Appeals upheld the probate court's denial.
In the absence of a ruling from the Ohio Supreme Court, the appeals court decision remains in effect.
Chief Justice Sharon Kennedy, Justice Joseph Deters and Justice Patrick DeWine argued that the appeals court and the Ohio Supreme Court did not have the power to hear the case under the state's constitution.
Justices Patrick Fischer, Michael Donnelly, Melody Stewart and Jennifer Brunner said the court had the power to hear the case, but they could not come to an agreement on how to resolve it.
"It is an unfortunate day for the litigants in this case and Ohioans that we cannot reach a consensus," Fischer wrote.
A majority of states allow transgender people to change the sex designation on their birth certificate, but the process can vary by state.
In Ohio, a procedure for transgender people to change their birth certificate was established by the Ohio Department of Health in 2021. The process was created after a 2020 federal ruling found that transgender people in Ohio have the right to request the change.
Applicants need to request a "court-ordered correction of a birth record" using a form issued by any one of Ohio's 88 probate courts.
Adelaide submitted an application to change the sex on her birth certificate in 2021. The probate court found that "there was nothing to be corrected."
"Although a copy of Adelaide's birth certificate was not submitted in this case, all evidence suggests that Adelaide was born in a hospital wherein the information for her birth certificate was prepared, completed, certified, and filed according to the applicable statutes. There is no allegation that the above-described process was done in error," the probate court wrote in its decision.
While the court failed to issue a ruling in this case, the topic could inspire change in another branch of government.
"It is up to the General Assembly to decide whether to create any additional opportunities for persons born in Ohio to amend their birth records," Fischer wrote.
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