BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 1185
Assemblymember Lieu
As Introduced
Hearing Date: June 16, 2009
Health and Safety Code
KB:jd
SUBJECT
Birth Certificates: New Issuance: Venue
DESCRIPTION
This bill would provide that an individual who has undergone a
sex change operation may obtain, by court order, a new birth
certificate reflecting his or her change of sex and any name
change requested, from his or her county of birth, in addition
to his or her county of residence.
BACKGROUND
In 1977, California became the first state in the nation to
permit individuals to obtain a new birth certificate after
undergoing a surgical sex change. In order to obtain the new
birth certificate, a transgender individual must first go to
court in his or her county of residence seeking a court order
for a new birth certificate reflecting the change of gender and
any change of name. That court process, however, requires that
the individual be a current resident of California. The process
cannot be used by those who were born in California, but now
live elsewhere. Last month, a California appellate court held
that the residency requirement in Health and Safety Code Section
103425 violates the Privileges and Immunities Clause of the
United States Constitution. (Somers v. Superior Court (2009)
172 Cal.App.4th 1407.)
This bill would address the constitutional issues raised in
Somers and allow anyone who has a California birth certificate
to petition the court in his or her county of birth for a new
birth certificate reflecting his or her new gender and new name.
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CHANGES TO EXISTING LAW
Existing law provides that individuals who have undergone a sex
change operation may obtain, by court order, a new birth
certificate reflecting the change of sex and any name change
from his or her county of residence. (Health & Saf. Code Sec.
103425.)
This bill would provide that an individual who has undergone a
sex change operation may obtain, by court order, a new birth
certificate reflecting his or her change of sex and any name
change requested, from his or her county of birth, in addition
to his or her county of residence.
COMMENT
1. Stated need for the bill
According to the author:
Current law allows a person born in California who has
undergone sex reassignment surgery to petition the
superior court to obtain a new birth certificate
reflecting a change of gender and any associated name
change. However, the law permits a petition for the
issuance of a new birth certificate to be filed only in
the superior court in the county in which the petitioner
resides. This restriction arbitrarily discriminates
against transgender people born in California but now
living outside the state, who have otherwise complied
with the law, in accessing accurate identity
documentation.
Birth certificates form the foundation of our everyday
identity documents, including drivers license, social
security cards, and passports. Having accurate
documentation is necessary to function in our society.
Identity is required for opening bank accounts,
traveling, establishing employment, and even for basic
purchases. When the gender on a birth certificate
results in the inability to change basic identifying
documents it can be a traumatic and frustrating
experience.
2. This bill would address constitutional issues raised in a
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recent appellate court decision
Last month, a California appellate court held that the
requirement in Health and Safety Code Section 103425 that an
individual seeking a new birth certificate file a petition in
his or her county of residency violates the Privileges and
Immunities Clause of the United States Constitution. (Somers v.
Superior Court (2009) 172 Cal.App.4th 1407.) California-born
transgender individuals residing outside of California were
effectively denied the right to issuance of a new birth
certificate. (Id. at 1414.) The court found that this
restriction penalizes individuals for moving outside of
California and found no compelling state interest, or rational
basis, in treating California-born transgender individuals
residing out of state differently from California-born
transgender individuals residing in California. (Id. at 1415.)
This bill would correct the constitutional issues raised by the
appellate court in Somers by permitting transgender individuals
to file a petition for the issuance of a new birth certificate
in the county of their birth, in addition to the county of their
residence.
Support : None Known
Opposition : None Known
HISTORY
Source : Equality California
Related Pending Legislation : None Known
Prior Legislation :
AB 194 (Longville, 2001), which was nearly identical to the
current bill, was vetoed by Governor Gray Davis.
AB 1851 (Longville, 2000), which contained a similar provision
to this bill, was also vetoed by Governor Davis.
Prior Vote :
Assembly Judiciary Committee (Ayes 7, Noes 3)
Assembly Floor (Ayes 48, Noes 30)
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