Arizona House passes a bill that will outlaw amending a birth certificate after a sex change

The Arizona House of Representatives has advanced a bill that will outlaw amending birth certificates to reflect a sex change.

House Bill 2438, proposed by Rep. Rachel Keshel (R-Tucson), will disallow individuals to amend the sex on a birth certificate unless they can prove to the state registrar, beyond a reasonable doubt, that there is a factual inaccuracy in the document.

The state registrar is able to amend a birth certificate in cases of adoption, paternity establishment or change, sex change — based on if the person received a sex change operation or a change in their chromosomal count, altering their sex marker — and a court order, in which a judge can order a change to any part of a birth certificate.

This bill will now strike the ability to amend based on a sex change, arguing that it is meant to assert "that birth certificates are vital records" and this will "protect their integrity and accuracy," according to the bill's summary.
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Rep. Alexander Kolodin (R-Scottsdale) voted for the bill with the Republican majority of the House on Feb. 20, arguing that it is for the preservation of records.

"You’re born with one gender or the other," Kolodin said to the committee. "That’s how it works. You want to change it as an adult and try to be something else, that’s totally fine. As an adult, you can do what you want to do. But let’s preserve the integrity of our vital records."

Rep. Patricia Contreras (D-Ahwatukee/Phoenix, south Tempe, west Chandler), who voted against the bill, said it could infringe on an individual’s right to privacy if their birth certificate identifies them by a different gender, ultimately outing them.

"They were born to be who they were meant to be, and sometimes the world struggles with that," Contreras said to the committee.

She also said the restriction of not being able to alter the gender shown on a birth certificate could affect a person’s college registration, applications for drivers and the ability to pass a credit or background check.

Other bills within the legislative session are also set to affect transgender individuals, such as House Bill 2062. The bill, which proposes putting into state law narrow definitions of biological sex, does not provide a definition for a third biological sex category.

Rep. Lisa Fink, (R-Glendale), who introduced the bill, argued to House lawmakers last week that the bill is only supposed to provide clear definitions between "male" and "female." The bill passed the session on Feb. 12 and was transmitted to the Senate.

A Senate bill introduced by Sen. John Kavanaugh will also affect transgender individuals. It proposes alternative bathrooms within schools for transgender students, and the prohibition of them being allowed inside restrooms or locker rooms that align with their gender identity. This bill advanced to the House on Feb. 11.

Of the 60 representatives, 33 voted to advance the bill to the Senate, while 26 voted against the legislation. All Republican lawmakers voted for, while all Democrat lawmakers that were present at the meeting voted against. Democrat Rep. Anna Abeytia did not vote.

"It’s frustrating to have to vote for another bill that will certainly be met by a veto by the governor," Contreras said.

Gov. Katie Hobbs and the Governor’s Office is yet to respond for a comment regarding a future decision to veto the bill.