The ACLU of Indiana is suing Gov. Mike Braun over an executive order that has stopped transgender residents from updating gender markers on their birth certificates.
“There’s no reason for this change,” said Ken Falk, the legal director for ACLU of Indiana. “It is unconstitutional.”
Braun, a Republican, ordered the state to only recognize two “biological sexes” — male and female — and to stop using funds to “promote gender ideology.” The move conflicts with major medical associations, who support transgender people and their ability to transition.
Now, the Indiana Department of Health is no longer processing court-approved requests for people to change their gender identities on birth records. A spokesperson said the health department is complying with Braun’s executive order.
The ACLU’s class action lawsuit was filed March 28 in the U.S. District Court for the Southern District of Indiana. It says Braun’s order discriminates against transgender Hoosiers and violates their privacy. The named plaintiff is a transgender girl living in Ohio who was denied the ability to update her Indiana birth certificate.
Previously, a person in Indiana could update their gender identity on birth certificates, which are important for getting a driver’s license, passport and Social Security card, as well as enrolling in schools and government benefits.
Updated documents also affirm a person’s identity and protect them from being outed against their will, Falk said.
He pointed to the mental health effects of gender dysphoria and higher rates of violence that transgender people face.
“This is not just about a piece of paper,” Falk said. “To have the state of Indiana say, ‘We don’t care if you get surgery, you can never change’ is not just a slap in the face or wrong, it’s harmful.”
Braun has defended the order, which is similar to one signed by President Donald Trump on his first day in office.
“Replacing the scientific fact of biology with the always-changing, self-reported idea of ‘gender identity’ has negative consequences for women and kids,” Braun’s spokesperson wrote in a March 31 email to Mirror Indy. “We have confidence in the attorney general’s ability to defend the state in this matter.”
The state health department said gender-change requests submitted before March 4 will be accepted under the previous policy, and those in process will be reviewed by the Indiana Attorney General’s Office. All requests made after the governor’s executive order will not be accepted.
Attorney General Todd Rokita did not respond to Mirror Indy’s request for comment about the new policy. Neither did the Marion County Public Health Department.
Mirror Indy reporter Mary Claire Molloy covers health. Reach her at 317-721-7648 or email maryclaire.molloy@mirrorindy.org. Follow her on X @mcmolloy7.
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