Two transgender men sue West Virginia over policy blocking them from changing their birth certificates
lawsuit on behalf of the two men, Xavier Hersom and John Doe, in U.S. District Court for the Southern District of West Virginia.
The lawsuit, which names the cabinet secretary and commissioner of the West Virginia Department of Health and Human Resources and the State Registrar for Vital Statistics as defendants, argues that DHHR’s refusal to amend gender markers is unconstitutional.“We’ve said all along that judges never needed to issue these court orders in the first place because the statute gives clear authority to DHHR to make these needed changes on its own when requested,” Loree Stark, the legal director of the American Civil Liberties Union of West Virginia, said in a statement. “But because of confusion created by the West Virginia.
