As I was reviewing the history of Idaho’s federal court decision on Birth Certificate changes, it quickly was notable how close verbiage was to Utah’s SB0093. So a quick layperson’s review is below.
Utah SB93 is written to deny minors the ability to change their birth certificate except:
“The department may correct an error or omission under Subsection (1)(a) if the correction is made no later than one year from the day the vital record is created.”
If we go back and look at Idaho, who passed HB 509 in 2020 and was challenged in federal court, it wrote:
“The quantitative statistics and material facts identified in sub-section (2) of this section may be amended within one (1) year of the filing of the certificate by submitting to the registrar a notarized affidavit of correction” and also “2) after one year, a party may challenge the qualitative statistics and material facts on the certificate in court only on the basis of fraud, duress, or material mistake of fact on the certificate in court only on the basis of fraud, duress, or material mistake of fact.”
As we can see, the wording and intent of Utah’s 1st bullet and Idaho’s are roughly the same. Idaho was permanently enjoined in federal court for violation of the Equal Protection Clause.
This is clear that we should again not bring legislation forward that harms the transgender community as it is highly likely to lose and cost us more tax dollars litigating it.
The Idaho decision: