Michigan proposes legislation to allow sex change on birth certificates

Republican lawmaker pushed back during hearing

LANSING, Mich - The Michigan House Judiciary Committee convened on Wednesday to discuss proposed legislation aimed at simplifying the process for name and gender marker changes in Michigan.

The bills, championed by advocates and members of the LGBTQ+ community, seek to dismantle the existing barriers that some say are costly, discriminatory, and intrusive.

Michigan Republican Rep. Gina Johnson spoke up at the hearing and asked if someone could change their biological sex. She also asked Rep. “Where does it stop, if I want to be six inches taller can I change that.”

Rep. Pohuntsky replied to Rep. Johnson saying her question was not germane to the legislation.

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Transgender advocate Lilianna-Angel Reyes shared her experience and the challenges faced by those she supports through her roles at the Trans Sistas of Color Project and the Ruth Ellis Center. She underscored the exorbitant legal fees, often reaching up to $3,000, that individuals incur to align their identification documents with their gender identity.

The proposed legislation, House Bills 5300, 5301, and 5302, aims to remove the presumption of fraudulent intent in name change petitions, a hurdle that has been particularly burdensome for individuals with criminal records. It also seeks to eliminate the need for fingerprinting and public notice in newspapers, practices that have been criticized for compromising the safety and privacy of transgender individuals.

State Rep. Laurie Pohutsky (D-Livonia), the bill's sponsor, criticized the current system as "outdated" and "unfair," noting that it is prohibitively complex and expensive for those seeking to change their names for reasons other than marriage or divorce.

The legislation also includes provisions to allow judges to waive the hearing for a name change if deemed appropriate and to protect individuals from having to publicize their hearing if it could cause them harm.

Additionally, the bills propose changes to state ID and driver's license policies, allowing individuals to select a non-binary sex marker and eliminating the requirement for surgical confirmation to change one's sex designation on birth certificates, a policy that Michigan Attorney General Dana Nessel has previously deemed unconstitutional.