Equal ID Act Passed By California Legislature

by: Autumn Sandeen

Wed Sep 02, 2009 at 15:30:00 PM EDT

Today, the California State Senate joined the Assembly in passing the Equal ID Act by a 22-14 vote. The bill, AB 1185, sponsored by Equality California (EQCA) and introduced by Assemblymember Ted Lieu (D-Torrance), expands legal protections for transgender people born in California. If signed by the Governor, the new law would allow qualified transgender people born in California to return to the county of their birth and obtain a court order reflecting their correct gender and an accompanying name change, if applicable. The court order is then used to obtain a corrected California birth certificate.

"All Californians deserve legal documentation that accurately reflects who they are," EQCA Executive Director Geoff Kors said. "This measure would allow transgender people in California and beyond a greater ability to obtain accurate identification, apply for jobs and live their lives as full and equal members of society. We urge the Governor to sign the bill with haste."

The Equal ID Act grants all transgender people born in California access to accurate birth certificates. The bill ensures that transgender people born in California can return to the county of their birth to obtain a corrected birth certificate. It also provides greater access to transgender persons living in the state and beyond, allowing them for first time to petition the court in their home counties.

"The Equal ID Act would bring the Health and Safety Code up to date with case law," said Kristina Wertz, Legal Director of the Transgender Law Center (TLC), citing the recent case of Somers v. Superior Court, successfully litigated by TLC, in which a California appellate court ruled it unconstitutional to deny a transgender person born in California the ability to petition California courts for a legal gender change. "It would alleviate any confusion and ensure that California-born people residing in other states know that they, too, can be afforded the dignity of a birth certificate that reflects who they truly are." ...

I'm sure this seems a small thing to many, I know, but to transsexuals who want to change their California birth certificates after genital reconstruction surgery, but haven't been able to in the recent past because they no longer live in California, this is a big thing. When one considers how birth certificates are used for identification these days, being able to correct one's sex/gender marker -- as well as one's birth name to one's taken name -- this is significant legislation.

My only disappointment is that 14 State Senators voted against this bill.