The ACLU of Indiana filed a lawsuit Friday to challenge the state’s recent halt on amended birth records for transgender Hoosiers. It says the executive order and halt are unconstitutional.
The Indiana Department of Health issued guidance to local and county health departments to stop accepting gender change requests for Indiana birth records. IDOH said it was to comply with Gov. Mike Braun’s March 4 executive order that directed agencies to “enforce the biological binary” of gender.
Viktor Hughes spoke on his experience amending his birth record. Hughes says everything from opening a bank account to picking up their nieces and nephews from school required identification that outed him to strangers.
“That one document — the updated birth certificate — allowed me to stay a Hoosier, a taxpayer, a doting family member,” Hughes said. “And overall, happy for the longest time I can really recall.”
ACLU of Indiana Legal Director Ken Falk said there are a number of reasons birth records can be updated — and targeting transgender Hoosiers by executive order is discrimination.
“On behalf of everyone who is affected, we’re asking that the governor’s actions be stopped — be declared unconstitutional,” Falk said. “And that, what existed — as I said — prior to March 4 be allowed to continue in this state.”
READ MORE: Advocates say Braun executive orders tell transgender Hoosiers: 'You don't belong here'
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Falk said the effects of the executive order are unlikely to end with birth records.
“If, as I suspect, this executive order has other effects, then we will certainly proceed,” he said. “I can’t imagine there’ll be any other different legal argument than we raise now. So we will certainly deal with that.”
The current lawsuit is on behalf of a transgender teenager who was in the middle of the process to update her birth record when the IDOH guidance was issued.
The ACLU said it hopes to have the lawsuit certified as a class action.
Lauren is our digital editor. Contact her at lauren@ipbnews.org or follow her on Bluesky at @laurenechapman.bsky.social.