Trans Law Help WI Challenges Wisconsin Birth Certificate Law
“Being yourself shouldn’t be a legal challenge, and I’m proud that Trans Law Help Wisconsin is standing up against Wisconsin’s vague and outdated law governing birth certificate sex marker changes.”
Fast Facts
Wisconsin statute 69.15(b) requires transgender and intersex people to undergo a “surgical sex-change procedure” before they can change the sex listed on their birth certificate. The law does not clearly define what counts as a “surgical sex-change procedure.”
The ACLU of Wisconsin and pro bono attorneys from Willkie Farr & Gallagher LLP have filed a lawsuit challenging this law, arguing that this requirement violates the Wisconsin Constitution.
The lawsuit was filed on behalf of Trans Law Help Wisconsin and Jaida Birch McGuire, a veteran born in Wisconsin.
The complaint names Gov. Tony Evers and Wisconsin Department of Health Services Secretary Kirsten Johnson as defendants.
The lawsuit also challenges the law as it applies to intersex people, whose sex characteristics may not fit typical definitions of male or female.
The Story
Wisconsin law has required transgender and intersex people to undergo a surgical procedure before they can change the sex marker on their birth certificate since 1985. The law does not clearly explain what type of surgery is required.
The ACLU of Wisconsin argues that the requirement is unconstitutional because it forces people to undergo surgery, and disclose private medical information, to have identity documents that accurately reflect who they are. Not every transgender person wants or needs surgery. Surgery can also be expensive or unavailable because of insurance restrictions, medical needs, or other barriers. The lawsuit argues that a person's access to accurate identification should not depend on whether they have had surgery.
“By conditioning accurate identity documents on an undefined surgical requirement, the law sends the harmful message that there is a 'right' way to be transgender and that some transgender and nonbinary people are more deserving of legal recognition than others,” said Anne Daugherty-Leiter, Board President, Trans Law Help Wisconsin, Inc. “That is contrary to our values and to the Wisconsin Constitution. A person's legal recognition should never depend on whether they can access, want, or need surgery.”
According to Jade Hall, staff attorney with the ACLU of Wisconsin, “If you are cisgender, you’re able to modify your birth certificate, with some documentation that your current marker is an error or mistake. There is no reason why a trans person shouldn’t be able to do the same. The decision to surgically transition is deeply personal and should be left to individuals and their doctors, not coerced by the government.”
The case was brought by Trans Law Help Wisconsin and Jaida Birch McGuire, a Wisconsin-born U.S. Coast Guard veteran. McGuire began transitioning in 2021 and received gender-affirming care through the military. She had been pursuing facial feminization surgery, but her surgery was canceled after the federal government ended coverage for gender-affirming surgeries for transgender service members. She was forced to retire from the Coast Guard in 2025 when Donald Trump signed an executive order banning trans and gender-nonconforming people from serving openly in the military. Because Wisconsin law requires surgery to change the sex on her birth certificate, McGuire cannot update the document to reflect who she is.
As Hall notes, “Having an ID with correct gender markers is a crucial part of trans affirmation and acceptance. When people present their birth certificate – whether to get a job, obtain a marriage license, or apply for a passport – they should feel confident that it accurately represents who they are. But for trans people who cannot update their sex marker to reflect their gender identity, being forced to carry around identity documents that misgender them – it can lead to feelings of delegitimation and rejection.”
The problem can affect many parts of daily life. Birth certificates may be needed to get other identification, apply for benefits, enroll in school, get married, open a bank account, or complete employment paperwork. When a birth certificate does not match someone's other documents or appearance, it can also reveal that a person is transgender without their consent. In a 2025 study, one third of transgender people who showed an ID that did not match their gender presentation reported being verbally harassed, physically assaulted, or denied service.
What’s Next
The lawsuit is now pending in Dane County Circuit Court in front of Judge Stephen Ehlke. The governor’s office has not commented on the lawsuit.
If you have questions about changing the sex marker on a Wisconsin birth certificate, Trans Law Help Wisconsin may be able to provide information about your options and the current legal process.