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In a significant move towards inclusivity, the American Medical Association (AMA) has recommended that the sex of a newborn should not be displayed on the public section of birth certificates in the United States. In a report released in June, the AMA’s LGBTQ+ advisory committee stated that “designating sex as a binary variable and including it on the public part of the birth certificate reinforces the notion that it is unchangeable” and “does not acknowledge the medical spectrum of gender identity.”
It’s important to note that while the sex assigned at birth would still be documented, it would be kept confidential and only used for “medical, public health, and statistical purposes,” as per the AMA. This recommendation marks a significant advancement for the LGBTQ+ community, which has historically faced discrimination and bureaucratic challenges when their gender identity does not align with their assigned sex at birth. Many individuals find themselves dealing with prejudice and marginalization in critical areas, including job applications, healthcare access, and adoption processes.
Insights from Dr. Janet Lee
Dr. Janet Lee, an AMA delegate from New York, emphasized the necessity of recognizing gender as a spectrum rather than a binary concept. “Forcing patients to navigate through various administrative barriers to reflect their true identity based on a sex assigned at birth—primarily determined by anatomy—is both unnecessary and detrimental to their well-being,” she stated.
Historical Context
Historically, birth certificates have been tools for discrimination. The AMA pointed out that these documents have been used to enforce racial discrimination and uphold social hierarchies. The report noted that while the race of an individual’s parents is no longer recorded on publicly available birth certificates, sex designation remains, despite the potential for bias and discrimination.
Current Landscape and Future Steps
Despite this positive development, more work lies ahead. Currently, 14 states in the U.S. offer a third-gender option on birth certificates, and most states permit individuals to amend the sex marker, though the process can be cumbersome and often requires proof of sex reassignment surgery. Tennessee stands out as the only state that does not allow any changes to the gender marker on birth certificates, according to the Movement Advancement Project (MAP).
This recommendation from the AMA is a crucial first step towards easing the burdens and discrimination faced by transgender and non-binary individuals seeking acknowledgment of their identities.
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In summary, the AMA’s recommendation to remove sex from the public sections of birth certificates represents a vital step toward greater recognition and acceptance of diverse gender identities, while also addressing historical discriminations linked to birth documentation.