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this post was submitted on 15 Sep 2023
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The birth certificate doesn't typically get changed when you change your name. But yeah, I would disagree with both things equally. I don't think we should change birth certificate at all. I actually think it's a dangerous thing to start doing.
In most jurisdictions, the birth certificate generally remains unchanged to reflect the original information at the time of birth. Some places allow for an amended birth certificate, which will show the new name but also indicate that the name has been legally changed. I'm fine with changing the sex as long as there is an asterisk next to it.
I don't see how this is similar to mail in ballots. The attempts by the GOP to lower access to voting is directly unconstitutional and a deliberate attempt at voter suppression. They have said as much - for example for voter id laws a NC congressman GOP member openly said it's because implementing that law would reduce black voting by like 2% or something from their research. That would help Republicans win elections.
And sure, I'll give you that they are doing this as a deliberate way to rile up the anti-trans base. However, just because someone does something for wrong reason doesn't mean what he does is wrong.
What I mean by dangerous is the arbitrary alteration of historical documents. We rely on our documents to be able to accurately represent the past. If we change these, we are essentially "deleting" the past. I mentioned before, DeSantis's revisionism. What if we got rid of all mentions of slavery in our historical record? No future historian could ever study slavery. It would essentially not have happened.
Now, the reason for doing it may be noble. You want a trans person to feel better about the transition, so you change the name on the birth certificate. But I think that this does not warrant the alteration of historical records. Put a little amendment star on the birth certificate and attach a new document if it needs to be done. This is what many places do. But do not change the original document in such a way that makes it seem they were born a sex they were not.
The bill is not very long you can read it here
In 2019 the Kansas courts essentially passed a ruling that made it so you could change the birth certificate. Not an amendment. Just totally alter the birth certificate to change both the name and the sex - as if it were the name and sex you were born with. Which, as we discussed, is absurd.
Now it's impossible legally speaking because they passed that new law, SB 180 that defines what a man or a woman is. And in that new definition, you are either male at birth, female at birth, or have some sort of sex "disorder/difference". You can't alter that sex in the legal sense.
Which to be honest, I don't really see what the big deal is. Who cares what a piece of paper says? What is more important is your sense of self-identity and how people treat you. At the end of the day, If you are born a male and you undergo a transition.. take estrogen, grow breasts, look feminine, etc. If I see you walking down the street, I will assume you are a female and I will treat you as such. I think everyone has the right to respect, dignity, and the pursuit of happiness.
However, we cannot start playing make-believe. A male->female trans person will always have XY chromosomes. If they transitioned after puberty, they will always have the male sexualization period that allows for muscle growth, adam's apple, etc. No amount of wishing or contemporary medicine can reverse these things.
So why not just keep the legal documents accurate and just treat them how they would like to be treated? Why the need to try and deny reality? This concerted effort to try and say 2 + 2 = 5? I really don't understand how everyone is OK with this. I guess this is what ideology is.
This is not true. It was not legally possible in Kansas to do this until 2019, where there was a court ruling that made it possible. It was not ever done in Kansas.
I told you why I give a damn. Official documents should represent reality. We should not alter history to make someone feel better. Road to hell is paved with good intentions. I've elaborated on this quite a bit actually, none of which you seem to be reading?
You have not made an argument about why this document is so sacred. Why does it matter if the occasional person formally submits a change to a document people alter all the time?
You are also incorrect about whether or not people can change their birth certificates in Kansas. And a cursory Google search would show you multiple state websites detailing the parameters for doing just that. You can hide behind the fact that sex/gender was specifically protected/added in kansas in 2019 (and clearly with good reason!) but the birth certificate has never been considered some sacred, immutable document. People have changed it for a very long time in multiple states. You can pull up the form for Texas adoptees straight up throw out the old and create a new one right now.
You’re also acting like if we change our birth certificates there’s literally no way for people to know what it said before, which is absolutely ludicrous as well.
This entire decision was for one reason: to hurt people who don’t fit nearly into a gender binary chosen for them. It’s republicans waging social war. That’s it. And until you can provide proof it isn’t about that you’re simply siding with bigots. Bigots who have never batted an eye at changing the birth certificate for adoptive kids by their parents Note: this is a form for Kansas citizens. But suddenly they all are mad when you or I want to change one single identifier to be more accurate for ourselves. Ridiculous.
They’re so brazen they didn’t even just say “birth certificates can never be altered” to give even a veneer of a legitimate reason. They specifically left carve outs for situations they deem worthy. So no, the document needs to be exactly the same as it was recorded is not a real argument when there are other reasons they allow you to alter it.
“We shouldn’t alter history” is too dramatic to even address, especially since (like I linked above) Kansas has no issue with other things being changed.