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Court Of Appeals Upholds Tennessee Law

BIG WIN for common sense


The Court of Appeals has upheld Tennessee law barring changes to one's sex on his or her birth certificate. TN will continue to recognize that a birth certificate records a biological fact of a child being male or female.


In 2023, Tennessee enacted a law prohibiting changes to the sex listed on birth certificates. The legislation, known as SB 1440, mandates that the sex designation on a person's birth certificate must reflect their sex at the time of birth and cannot be amended later.

Key provisions of the law include:


Birth certificates must list sex as determined at birth

No changes allowed to sex designation, even with gender confirmation surgery

Applies retroactively, invalidating any previous changes.


Supporters argue the law preserves accurate vital records and biological definitions of sex. Critics contend it discriminates against transgender individuals and interferes with their ability to have identity documents that match their gender identity.


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