The Supreme Court of Ohio heard a case on Tuesday that will help determine whether transgender Ohioans can have their birth certificates corrected no matter where they reside in the state.
The case In Re: Application for Correction of Birth Record of Hailey Emmeline Adelaide revolves around Hailey Adelaide, a trans woman who submitted an application to the Clark County Probate Court in Fall 2021 to change her name and correct the sex marker on her birth record.
Earlier in 2021, a federal court ruled in favor of four transgender plaintiffs who sued the Ohio Department of Health and the Ohio Office of Vital Statistics (Ray v. McCloud) for the right to allow individuals to change the sex marker on their birth certificates
When she testified before the Probate Court, Adelaide said that, although she was assigned male at birth, she identified as female as early as 4-years-old.
The Probate Court granted her name change but ultimately denied her request to change the sex marker on her birth certificate, concluding that they didn’t have the power to do so. The Probate Court said they could only make a sex marker correction if the sex was selected in error, and that there was no error in Adelaide’s case.
The Second District Court of Appeals upheld the Probate Court’s decision, asserting that Adelaide was seeking an amendment, not a correction, which is outside of their power.
Supreme interruptions
Chad Eggspuehler, a partner at Tucker Ellis LLP, argued the case in front of the Ohio Supreme Court on Tuesday.
“This straightforward statutory interpretation case addresses the power of Probate Courts to correct transgender citizen’s birth certificates…the identification documents used by citizens at every phase of life,” said Eggspuehler.
Less than one minute into his opening remarks, Eggspuehler was interrupted by Justice R. Patrick DeWine, the conservative jurist son of Governor Mike DeWine.
“Do we have an adversity problem here?” Justice Dewine asked.
For much of the remainder of the hearing, Justice Dewine and fellow conservative Justice Patrick F. Fischer repeatedly asked Eggspuehler how they could hear a case when there was no “controversy,” a legal term referring to an actual dispute. Controversy is one of the underlying requirements that would allow a case to be heard in federal court.
Fischer questioned whether the case should be heard by the legislature or determined by a separate agency.
For his part, Eggspuehler argued that there was indeed a case and a controversy, although admittedly not in the usual context that courts might see. He referred back to the administrative guidelines settled by the 2021 federal case and approved by the Ohio Supreme Court.
“We have a handful of Probate Courts who are not following this guidance,” Eggspuehler said.
He further articulated the Probate Courts’ decisions may leave transgender Ohioans with no recourse, depending on where they live.
“It’s the luck of the draw. If you’re born in one county, your birth certificate correction could be processed. If you’re born in a different one, it might not be,” Egsspuehler said.
The hearing concluded with a pointed exchange between Eggspuehler and Justice Melody J. Stewart.
“Is there any other way for Ms. Adelaide to get the gender marker changed other than redress through the courts as you are doing now?” Stewart asked.
“Your Honor, at present, no,” Eggspuehler replied.
The Court said they would take the matter under advisement and that a decision would be forthcoming. No timeline was provided for when such a decision would be reached. 🔥
IGNITE ACTION:
- To learn more about the process for name and gender marker changes in the Ohio county where you live, click here.
- To contact the Ohio Department of Health directly concerning a court-ordered correction of birth record, click here.
Know an LGBTQ+ Ohio story we should cover? TELL US!
Submit a story!
