Aleksandra, suggest placing ‘prison housing’ right after ‘bathrooms’. I have very effective conversations with family and friends using your maps, and saying in one unbroken sentence:
I’m not allowed to pee HERE… And I’m not willing to risk it because THESE states will put me in a cage with the men…
I wish I could say you are exaggerating, but you are not. That is precisely what will happen and the guards will ignore it if not participate in it. The "men" with the badges are not much different from the men on the inside.
Alexsandra - very informative and great work! Thanks.
I just have two suggestions:
- For shield laws, protections by EO should not be given the same protective ranking as actual state laws. The reason is that EOs can quickly be reversed by a future GOP governor.
- For birth certificates, one thing that should factor into a state’s ranking is whether they seal the old BC and issue a new one with no redactions or amendments visible. Doing otherwise makes the BC essentially worthless, since it immediately outs the person holding it.
Maybe these things were indeed considered in your ranking? Hard to tell for sure
Firstly, the shield EOs are only in 3 states and 2 of them are solidly blue (NJ just had its election too). They are also ranked as “Highly Progressive” instead of “Most Progressive,” so I agree with your point!
As for the birth certificates: I did think about it, but I’m not even sure the data exists at the moment with all the changes going on. A lot of these policies are adopted informally to begin with after all, and the answer might also change depending on the evidence presented. I’ll look into it, but I won’t make any promises :)
[Note 1 of 2] I’ve done some of that research fairly recently, here’s what I have on each state. I can’t guarantee it’s current but it was as of about 2 months ago.
Some states don’t write it into law or specify that gender marker and name changes lead to a sealed original BC and a new, amended one issued cleanly, but I’ve found at least in the past, when they seal an original BC for a name change they seal it for a gender marker change as well. And if they attach an affidavit for a name change they do the same for a gender marker change.
Some of the links are laws regarding adoption records but some states use the same procedure for name and gender changes. I included those because it was all I’ve found (so far) and can be used to reference when talking to someone knowledgeable at Vital Records.
If anything isn’t accurate here there are links directly to state laws and other resources that can be explored or used when calling Vital Records if anyone wants to take it further. However, keep in mind that Vital Records clerks don’t generally understand their own procedures. It’s illegal to destroy birth records and there are VR employees who have told “concerned parents” that their child’s original birth certificate has been destroyed when they changed their gender marker and name, but that’s not true. They have to forward the information to the state registrar by law and seal it.
So there’s a lot of misinformation out there that even comes from Vital Records. So if anyone talks to a clerk, request proof of whatever they’re saying because they don’t generally know how this works.
You can also find someone else’s compilation of research here (sorry I don’t remember who created this document)
“The new certificate shall be substituted for the original certificate of birth… the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction…”
California - BC is amended with an attached affidavit (I can confirm this personally since I’m from CA)
“Once a change is accepted, the affidavit will be attached to the original birth certificate (which is not changed) and will become part of the legal birth record.”
Colorado - New BC is issued, old is sealed (I can confirm this also, people I know in CO have received new BCs)
“The state registrar… shall prepare a new certificate of birth……The evidence upon which the new certificate was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the court and all interested persons or… order of the court for good cause shown.”
“When a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the state registrar…”
“The evidence upon which the amended or new certificate was made and the original birth certificate shall be sealed and filed and may be opened only upon court order…”
District of Columbia - New BC is issued, old is sealed
“A replacement record of live birth shall be substituted for the original record of live birth. The original record… shall be placed under seal and not be subject to inspection, except by the Registrar… upon order of the court…”
A new certificate of birth established under section 338-17.7, HRS, is substituted for the original certificate of birth. The original certificate and evidence supporting its preparation will be sealed and filed and may only be opened by an order of a court of record or by request of the birth registrant.
“Original birth certificates are not destroyed upon the issuance of an amended birth certificate. When a birth certificate is amended to change the indicator of gender, the original certificate is retained in a sealed file along with the application for the amendment… a gender change does not ‘wipe’ the person out of existence, but… keeps the original information retained in a secure manner.”
“The new certificate shall be substituted for the original certificate of birth……When a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the State Registrar…”
“After preparation of the new certificate, the original certificate and the evidence upon which it was based are to be sealed and placed in a special file. The state registrar may inspect such sealed information for purposes of properly administering the vital statistics program.”
“The new certificate shall be substituted for the original certificate of birth… and the original certificate of birth and the evidence of adoption, paternity determination, or paternity acknowledgment shall not be subject to inspection except upon order of a court of competent jurisdiction.”
“When a new certificate of birth is established… it must be substituted for the original certificate of birth. After that substitution, the original certificate of birth and the evidence… are not subject to inspection except upon order of the Probate Court or the Superior Court…”
“When a new certificate of birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth… shall not be subject to inspection except upon court order……When a new certificate of birth is established… all copies of the original certificate… shall be sealed from inspection or forwarded to the state registrar…”
“When a new certificate of birth is established… the department shall direct that all copies of the original certificate of birth… be forwarded… for sealing from inspection.”
“When an adoptive certificate of birth is established… It shall be substituted for the original certificate of birth.… Whenever a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection.”
“Except as otherwise provided… the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.”
“The State Registrar shall cause to be placed under seal the original certificate of birth and all papers pertaining to the new certificate of birth…”
In practice, the NJ vital-records guidance for name/gender changes notes: “the amended birth certificate will not be marked as amended and the original will be sealed.”
…”a new birth certificate is issued… The original birth certificate is placed under seal and can be released only by court order or as provided by state law.” (this applies to adoption but could also be across the board)
“(2) The evidence upon which the new certificate was made, and the original certificate, shall be sealed and filed by the State Registrar of Vital Statistics, and may be opened only upon demand of the person whose name was changed… or by order of a court of competent jurisdiction.”
Under Oregon rules (e.g., Oregon Administrative Rules OAR 333-011-0273), if an administrative change to sex is made, a new record of live birth is created with the updated sex and it does not carry extra notations on certified copies.
“When a new certificate of birth is established… all copies of the original certificate of birth in the custody of any custodian of permanent local records in this state shall be sealed from inspection or forwarded to the state registrar…”
“When a new certificate of birth is established by the State Department of Health, all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the department…”
“It [the new certificate] shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity or legitimation shall be sealed and filed and not be subject to inspection except upon order of a court…”
“When a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the state Registrar, as he or she shall direct.”
I have even more resources and links with even more specifics related to gender and name changes but I’m short on time and this was in my research pile that I have yet to organize but I wanted to share it anyway because maybe someone else out there has time to sift through it.
This is very inaccurate. Those citations are primarily for adoption sealing, not gender marker changes.
1. Starting with Arkansas, the birth certificate is explicitly marked 'AMENDED' with a gender change as per AR Code § 20-18-307
2. California seals the old certificate. I know because I have one and also because of Senate Bill 179, passed 2017.
3. Colorado seemingly (but not explicitly) seals them under Vital Statistics Rule 5.5, Code of Colorado Regulations 1006-1
4. Delaware seemingly seals them (though not 100%)
5. DC seals, as per their amendment application
6. Hawaii seals, as per HI Rev Stat § 338-17.7
7. Idaho is a moot point because amendments are now banned.
8. Illinois seals, as per HB 9 of 2023.
9. Iowa is also moot because they banned amendments last year. They used to though.
10. Kentucky doesn't seal. The certificate will be marked "amended" as per KY Rev Stat § 213.121
11. Maine seals, as is stated on their website.
12. Maryland seals, as per MD Health - General Code § 4-211
13. Mississippi doesn't seal, it adds 'sex reassignment...as a marginal notation.' This is per MS Code of Rules 15-5-85-3.21.2
14. Missouri also marks them as 'amended,' as per MO Rev Stat § 193.215
15. Montana does actually seal trans people's certificates; they don't say that they do but I asked them directly.
16. Nebraska seals but you've got the wrong statute. The law is NE Rev Stat § 71-604.01
17. Nevada used to have a regulation providing for the creation of a new certificate, but that was repealed and I'm unsure if a specific statutory provision exists at the moment. They probably do it though.
18. New Jersey seals per Senate Bill 478 (Babs Siperstein law)
19. New Mexico seals, per Senate Bill 20 of 2019
20. New York seals, as per their website
21. Oregon seals, as per ORS 432.245 (and ORS 432.235)
22. Rhode Island seals, but marks the new one as 'amended' if the person's name is changed.
23. South Dakota is moot after the state Supreme Court ruling in "In the Matter of the Petition of Sigrid Kristiane Nielsen For An Amended Birth Certificate" in March
24. Virginia seals, as per 12 VAC 5-550-320 (kinda iffy but the state is very liberal in its interpretation of "surgical gender reassignment procedure")
25. West Virginia also issues a new certificate after settling a lawsuit by the ACLU in 2022. I believe they seal the old one but in their records, they keep small handwritten notes on the back (for internal purposes) detailing what was changed.
I had started doing this research after I was asked so thanks for giving me the motivation to continue it lol
Not to be rude but did you even read my comment? I literally stated that this information might not be up to date or completely accurate several times. I literally explained that a lot of these links go to adoption record laws and that many states follow their adoption record protocols for all amendments and the links are not just for you but for anyone who wants to look at laws. You can click on the links and look around for related laws or call Vital Records and talk to someone live.
The links provided, as I already stated, were meant as a reference point for accessing related state laws and procedures for anyone who wants to continue searching to find more information.
Not sure how you missed all that since your first sentence indicates you didn't read any of the first 5 paragraphs I wrote. It's very frustrating. Maybe you're on a cellphone and missed the entire 5 paragraphs I wrote explaining all of this.
It's really concerning to have posted a comment stating things like "this may not be accurate" and "some of these links are for adoption records" and "I haven't finished my research but here's what I have, it's not organized" and then you come back with "omg this is not accurate at all! And most of these links are for adoption records!"
Duh. That's what I said.
I'm glad you have the motivation to continue your research. I'm going to refrain from posting or sharing my research from now on.
Ope, sorry! I originally read your comment on mobile (it scrolls weird; this is not the first time) and missed that part. I apologize if anything here came off wrong and thanks for the research you've done regarding this!
Hey! I just wanted to let you know that I did some work these past two weeks and I actually managed to get the data on ALL 50 states + 6 territories on the amendment method + sealing for birth certificates! Previously unknown were: Alaska, American Samoa (their entire policy was unknown until this week, as was the fact that they have one), Montana (I confirmed this one in March as part of a different investigation), North Carolina, and Pennsylvania (I'm probably missing one or two here). Most other places where this is listed are wrong about basically every the state, so I'm glad I was able to do this research :)
In order to better visualize the data, I added a new map to the tracker along with a column to the birth certificate table! The amendment method doesn't factor into the ratings because it'd get way too complicated with the system I have going on, but I hope you find it useful <3
I am a transgender woman and a former Missouri inmate, and I want people to understand something most never see: in Missouri prisons, housing is still determined entirely by your genitals. It doesn’t matter who you are, how long you’ve lived as yourself, or what the courts have already ruled — the system defaults to anatomy, not identity.
This is happening despite the fact that Hicklin v. Precythe was decided right here in Missouri’s Eastern District, in St. Louis. That case established that transgender inmates are entitled to medically necessary care, including hormone therapy. But inside the prisons, nothing feels “progressive.” We had to fight tooth and nail for every inch of what should have already been ours under the law.
In my case, staff repeatedly told me I “wasn’t transgender,” and used that as their justification to deny me HRT. At the very same time, I was approved for state‑issued bras and panties and allowed to order makeup from the women’s facilities — privileges that were only available to transgender women. So on paper, the system recognized me. In practice, they tried to erase me.
That contradiction wasn’t an accident. It’s what happens when policy says one thing, but the culture inside the prisons refuses to catch up. And people like me end up trapped in the middle of that gap, forced to prove our own existence over and over again.
Aleksandra, suggest placing ‘prison housing’ right after ‘bathrooms’. I have very effective conversations with family and friends using your maps, and saying in one unbroken sentence:
I’m not allowed to pee HERE… And I’m not willing to risk it because THESE states will put me in a cage with the men…
I usually have to add a third clause after that: "... and they will rape me every day until I commit suicide."
I wish I could say you are exaggerating, but you are not. That is precisely what will happen and the guards will ignore it if not participate in it. The "men" with the badges are not much different from the men on the inside.
What an impressive amount of work!
Today in Hawai`i, the state senate will vote on HB1875, a shield law to protect transgender care for youth. Let's hope it passes!
What an amazing document!!!! Thanks so much for your hard work on this!
I'm so sorry that we live in a world where something like this must be done, and I am very grateful that you have done it. You are deeply appreciated.
Alexsandra - very informative and great work! Thanks.
I just have two suggestions:
- For shield laws, protections by EO should not be given the same protective ranking as actual state laws. The reason is that EOs can quickly be reversed by a future GOP governor.
- For birth certificates, one thing that should factor into a state’s ranking is whether they seal the old BC and issue a new one with no redactions or amendments visible. Doing otherwise makes the BC essentially worthless, since it immediately outs the person holding it.
Maybe these things were indeed considered in your ranking? Hard to tell for sure
Firstly, the shield EOs are only in 3 states and 2 of them are solidly blue (NJ just had its election too). They are also ranked as “Highly Progressive” instead of “Most Progressive,” so I agree with your point!
As for the birth certificates: I did think about it, but I’m not even sure the data exists at the moment with all the changes going on. A lot of these policies are adopted informally to begin with after all, and the answer might also change depending on the evidence presented. I’ll look into it, but I won’t make any promises :)
[Note 1 of 2] I’ve done some of that research fairly recently, here’s what I have on each state. I can’t guarantee it’s current but it was as of about 2 months ago.
Some states don’t write it into law or specify that gender marker and name changes lead to a sealed original BC and a new, amended one issued cleanly, but I’ve found at least in the past, when they seal an original BC for a name change they seal it for a gender marker change as well. And if they attach an affidavit for a name change they do the same for a gender marker change.
Some of the links are laws regarding adoption records but some states use the same procedure for name and gender changes. I included those because it was all I’ve found (so far) and can be used to reference when talking to someone knowledgeable at Vital Records.
If anything isn’t accurate here there are links directly to state laws and other resources that can be explored or used when calling Vital Records if anyone wants to take it further. However, keep in mind that Vital Records clerks don’t generally understand their own procedures. It’s illegal to destroy birth records and there are VR employees who have told “concerned parents” that their child’s original birth certificate has been destroyed when they changed their gender marker and name, but that’s not true. They have to forward the information to the state registrar by law and seal it.
So there’s a lot of misinformation out there that even comes from Vital Records. So if anyone talks to a clerk, request proof of whatever they’re saying because they don’t generally know how this works.
You can also find someone else’s compilation of research here (sorry I don’t remember who created this document)
https://static1.squarespace.com/static/60257543fbad072020c522aa/t/62b6041efbd49f3b7b3632ee/1656095775959/Birth+Certificate+Name+%26+Gender+Change+Reqs.+by+US+State+%281%29.pdf
Arkansas - New BC is issued, old is sealed
“The new certificate shall be substituted for the original certificate of birth… the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction…”
https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-4/section-20-18-406/
/
California - BC is amended with an attached affidavit (I can confirm this personally since I’m from CA)
“Once a change is accepted, the affidavit will be attached to the original birth certificate (which is not changed) and will become part of the legal birth record.”
https://policy.dcfs.lacounty.gov/Policy?id=5956
/
Colorado - New BC is issued, old is sealed (I can confirm this also, people I know in CO have received new BCs)
“The state registrar… shall prepare a new certificate of birth……The evidence upon which the new certificate was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the court and all interested persons or… order of the court for good cause shown.”
https://law.justia.com/codes/colorado/title-19/article-4/section-19-4-124/
“When a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the state registrar…”
https://law.justia.com/codes/colorado/title-25/vital-statistics/article-2/section-25-2-113/
/
Delaware - New BC is issued, old is sealed
“The evidence upon which the amended or new certificate was made and the original birth certificate shall be sealed and filed and may be opened only upon court order…”
https://delcode.delaware.gov/title16/c031/sc02/index.html
/
District of Columbia - New BC is issued, old is sealed
“A replacement record of live birth shall be substituted for the original record of live birth. The original record… shall be placed under seal and not be subject to inspection, except by the Registrar… upon order of the court…”
https://codes.findlaw.com/dc/division-ii-judiciary-and-judicial-procedure/dc-code-sect-16-2345/
/
Hawaii - New BC is issued, old is sealed
A new certificate of birth established under section 338-17.7, HRS, is substituted for the original certificate of birth. The original certificate and evidence supporting its preparation will be sealed and filed and may only be opened by an order of a court of record or by request of the birth registrant.
https://health.hawaii.gov/vitalrecords/amendments/new-birth-certificate-for-sex-designation-change/
https://health.hawaii.gov/vitalrecords/amendments/
/
Idaho - New BC is issued, old is sealed
“Original birth certificates are not destroyed upon the issuance of an amended birth certificate. When a birth certificate is amended to change the indicator of gender, the original certificate is retained in a sealed file along with the application for the amendment… a gender change does not ‘wipe’ the person out of existence, but… keeps the original information retained in a secure manner.”
https://repheatherscott.com/wp-content/uploads/2019/09/ag-answers.pdf
/
Illinois - New BC is issued, old is sealed
“The new certificate shall be substituted for the original certificate of birth……When a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the State Registrar…”
https://ilga.gov/documents/legislation/ilcs/documents/041005350K17.htm
/
Iowa - New BC is issued, old is sealed
“After preparation of the new certificate, the original certificate and the evidence upon which it was based are to be sealed and placed in a special file. The state registrar may inspect such sealed information for purposes of properly administering the vital statistics program.”
https://www.legis.iowa.gov/docs/code/144.24.pdf
https://www.law.cornell.edu/regulations/iowa/Iowa-Admin-Code-r-641-100-7
/
Kentucky - New BC is issued, old is sealed
“The new certificate shall be substituted for the original certificate of birth… and the original certificate of birth and the evidence of adoption, paternity determination, or paternity acknowledgment shall not be subject to inspection except upon order of a court of competent jurisdiction.”
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50032
/
Maine - New BC is issued, old is sealed
“When a new certificate of birth is established… it must be substituted for the original certificate of birth. After that substitution, the original certificate of birth and the evidence… are not subject to inspection except upon order of the Probate Court or the Superior Court…”
https://legislature.maine.gov/legis/bills/bills_129th/billtexts/SP055301.asp
/
Maryland - New BC is issued, old is sealed
“…and that all papers in the case, including the original birth certificate, shall be placed under seal.”
https://www.peoples-law.org/sites/default/files/Certificate%20of%20Adoption%20MD%20-%20Gender%20Neutral.pdf
[Continued in second note below]
[Note 2 of 2]
Mississippi - BC is amended with an attached affidavit
“This affidavit will be attached to the original birth record thus becoming part of the birth record.”
https://msdh.ms.gov/page/resources/7983.pdf
https://www.uslegalforms.com/form-library/112803-affidavit-of-amendment-of-certificate-of-live-birth-2020
/
Missouri - New BC is issued, old is sealed
“When a new certificate of birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth… shall not be subject to inspection except upon court order……When a new certificate of birth is established… all copies of the original certificate… shall be sealed from inspection or forwarded to the state registrar…”
https://revisor.mo.gov/main/OneSection.aspx?section=193.135
/
Montana -New BC is issued, old is sealed
“When a new certificate of birth is established… the department shall direct that all copies of the original certificate of birth… be forwarded… for sealing from inspection.”
https://mca.legmt.gov/bills/mca/title_0500/chapter_0150/part_0020/section_0230/0500-0150-0020-0230.html
/
Nebraska -New BC is issued, old is sealed
“When an adoptive certificate of birth is established… It shall be substituted for the original certificate of birth.… Whenever a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection.”
https://nebraskalegislature.gov/laws/statutes.php?statute=71-626.01
/
Nevada -New BC is issued, old is sealed
“Except as otherwise provided… the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.”
https://law.justia.com/codes/nevada/chapter-440/statute-440-325/
/
New Jersey -New BC is issued, old is sealed
“The State Registrar shall cause to be placed under seal the original certificate of birth and all papers pertaining to the new certificate of birth…”
In practice, the NJ vital-records guidance for name/gender changes notes: “the amended birth certificate will not be marked as amended and the original will be sealed.”
https://static1.squarespace.com/static/60257543fbad072020c522aa/t/62b6041efbd49f3b7b3632ee/1656095775959/Birth+Certificate+Name+%26+Gender+Change+Reqs.+by+US+State+%281%29.pdf
/
New Mexico - BC is amended with an attached affidavit
“…When the affidavit results in changes… the affidavit shall be attached to the original certificate which is retained by the bureau.”
https://www.srca.nm.gov/parts/title07/07.002.0002.html
/
New York -New BC is issued, old is sealed
…”a new birth certificate is issued… The original birth certificate is placed under seal and can be released only by court order or as provided by state law.” (this applies to adoption but could also be across the board)
https://www.health.ny.gov/vital_records/amend_birth.htm
/
Oregon -New BC is issued, old is sealed
“(2) The evidence upon which the new certificate was made, and the original certificate, shall be sealed and filed by the State Registrar of Vital Statistics, and may be opened only upon demand of the person whose name was changed… or by order of a court of competent jurisdiction.”
Under Oregon rules (e.g., Oregon Administrative Rules OAR 333-011-0273), if an administrative change to sex is made, a new record of live birth is created with the updated sex and it does not carry extra notations on certified copies.
https://www.namechangelaw.com/states/or/oregon.htm
https://law.justia.com/cases/oregon/supreme-court/1977/277-or-371-6.html
/
Rhode Island -New BC is issued, old is sealed
“When a new certificate of birth is established… all copies of the original certificate of birth in the custody of any custodian of permanent local records in this state shall be sealed from inspection or forwarded to the state registrar…”
https://webserver.rilegislature.gov/BillText01/SenateText01/S0386.htm
https://risos-apa-production-public.s3.amazonaws.com/DOH/REG_12069_20211222110145.pdf
/
South Dakota -New BC is issued, old is sealed
“When a new certificate of birth is established by the State Department of Health, all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the department…”
https://sdlegislature.gov/api/Statutes/34-25-16.5.html?all=true
/
Virginia -New BC is issued, old is sealed
“It [the new certificate] shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity or legitimation shall be sealed and filed and not be subject to inspection except upon order of a court…”
https://law.lis.virginia.gov/vacode/title32.1/chapter7/section32.1-261/
/
West Virginia -New BC is issued, old is sealed
“When a new certificate of birth is established… all copies of the original certificate of birth… shall be sealed from inspection or forwarded to the state Registrar, as he or she shall direct.”
https://www.wvlegislature.gov/Bill_Text_HTML/2025_SESSIONS/RS/bills/hb3076%20intr.pdf
I have even more resources and links with even more specifics related to gender and name changes but I’m short on time and this was in my research pile that I have yet to organize but I wanted to share it anyway because maybe someone else out there has time to sift through it.
This is very inaccurate. Those citations are primarily for adoption sealing, not gender marker changes.
1. Starting with Arkansas, the birth certificate is explicitly marked 'AMENDED' with a gender change as per AR Code § 20-18-307
2. California seals the old certificate. I know because I have one and also because of Senate Bill 179, passed 2017.
3. Colorado seemingly (but not explicitly) seals them under Vital Statistics Rule 5.5, Code of Colorado Regulations 1006-1
4. Delaware seemingly seals them (though not 100%)
5. DC seals, as per their amendment application
6. Hawaii seals, as per HI Rev Stat § 338-17.7
7. Idaho is a moot point because amendments are now banned.
8. Illinois seals, as per HB 9 of 2023.
9. Iowa is also moot because they banned amendments last year. They used to though.
10. Kentucky doesn't seal. The certificate will be marked "amended" as per KY Rev Stat § 213.121
11. Maine seals, as is stated on their website.
12. Maryland seals, as per MD Health - General Code § 4-211
13. Mississippi doesn't seal, it adds 'sex reassignment...as a marginal notation.' This is per MS Code of Rules 15-5-85-3.21.2
14. Missouri also marks them as 'amended,' as per MO Rev Stat § 193.215
15. Montana does actually seal trans people's certificates; they don't say that they do but I asked them directly.
16. Nebraska seals but you've got the wrong statute. The law is NE Rev Stat § 71-604.01
17. Nevada used to have a regulation providing for the creation of a new certificate, but that was repealed and I'm unsure if a specific statutory provision exists at the moment. They probably do it though.
18. New Jersey seals per Senate Bill 478 (Babs Siperstein law)
19. New Mexico seals, per Senate Bill 20 of 2019
20. New York seals, as per their website
21. Oregon seals, as per ORS 432.245 (and ORS 432.235)
22. Rhode Island seals, but marks the new one as 'amended' if the person's name is changed.
23. South Dakota is moot after the state Supreme Court ruling in "In the Matter of the Petition of Sigrid Kristiane Nielsen For An Amended Birth Certificate" in March
24. Virginia seals, as per 12 VAC 5-550-320 (kinda iffy but the state is very liberal in its interpretation of "surgical gender reassignment procedure")
25. West Virginia also issues a new certificate after settling a lawsuit by the ACLU in 2022. I believe they seal the old one but in their records, they keep small handwritten notes on the back (for internal purposes) detailing what was changed.
I had started doing this research after I was asked so thanks for giving me the motivation to continue it lol
Not to be rude but did you even read my comment? I literally stated that this information might not be up to date or completely accurate several times. I literally explained that a lot of these links go to adoption record laws and that many states follow their adoption record protocols for all amendments and the links are not just for you but for anyone who wants to look at laws. You can click on the links and look around for related laws or call Vital Records and talk to someone live.
The links provided, as I already stated, were meant as a reference point for accessing related state laws and procedures for anyone who wants to continue searching to find more information.
Not sure how you missed all that since your first sentence indicates you didn't read any of the first 5 paragraphs I wrote. It's very frustrating. Maybe you're on a cellphone and missed the entire 5 paragraphs I wrote explaining all of this.
It's really concerning to have posted a comment stating things like "this may not be accurate" and "some of these links are for adoption records" and "I haven't finished my research but here's what I have, it's not organized" and then you come back with "omg this is not accurate at all! And most of these links are for adoption records!"
Duh. That's what I said.
I'm glad you have the motivation to continue your research. I'm going to refrain from posting or sharing my research from now on.
Ope, sorry! I originally read your comment on mobile (it scrolls weird; this is not the first time) and missed that part. I apologize if anything here came off wrong and thanks for the research you've done regarding this!
Hey! I just wanted to let you know that I did some work these past two weeks and I actually managed to get the data on ALL 50 states + 6 territories on the amendment method + sealing for birth certificates! Previously unknown were: Alaska, American Samoa (their entire policy was unknown until this week, as was the fact that they have one), Montana (I confirmed this one in March as part of a different investigation), North Carolina, and Pennsylvania (I'm probably missing one or two here). Most other places where this is listed are wrong about basically every the state, so I'm glad I was able to do this research :)
In order to better visualize the data, I added a new map to the tracker along with a column to the birth certificate table! The amendment method doesn't factor into the ratings because it'd get way too complicated with the system I have going on, but I hope you find it useful <3
I am a transgender woman and a former Missouri inmate, and I want people to understand something most never see: in Missouri prisons, housing is still determined entirely by your genitals. It doesn’t matter who you are, how long you’ve lived as yourself, or what the courts have already ruled — the system defaults to anatomy, not identity.
This is happening despite the fact that Hicklin v. Precythe was decided right here in Missouri’s Eastern District, in St. Louis. That case established that transgender inmates are entitled to medically necessary care, including hormone therapy. But inside the prisons, nothing feels “progressive.” We had to fight tooth and nail for every inch of what should have already been ours under the law.
In my case, staff repeatedly told me I “wasn’t transgender,” and used that as their justification to deny me HRT. At the very same time, I was approved for state‑issued bras and panties and allowed to order makeup from the women’s facilities — privileges that were only available to transgender women. So on paper, the system recognized me. In practice, they tried to erase me.
That contradiction wasn’t an accident. It’s what happens when policy says one thing, but the culture inside the prisons refuses to catch up. And people like me end up trapped in the middle of that gap, forced to prove our own existence over and over again.
I think you have Missouri mislabeled as "progressive" on the Medicaid map and chart
Yes you're absolutely right I am so sorry! I had set up a dropdown in the spreadsheet and I guess I misclicked (then missed it while I was checking)
Thank you for your important work on this.
Nice database! Thanks for doing this hard work!
Montana is progressive?? Since when?
New Hampshire should be red
https://www.motherjones.com/politics/2023/03/anti-trans-transgender-health-care-ban-legislation-bill-minors-children-lgbtq/