New Jersey adds gender neutral option to birth certificates

Parents in New Jersey will see a third option for gender on birth certificates starting February 1. They can now select male, female or non-binary, a gender neutral option. This also makes it easier for non-binary and transgender people to change their birth certificates to affirm their gender identity.

"You often use a birth certificate to enroll in school. Until you have a license that is your ID," Aaron Potenza, policy director of Garden State Equality, told TODAY. "For people under 16, they often have to show their birth certificate and they are coming up against issues."

Problems can occur when a child's birth gender doesn't match their gender identity. While New Jersey has laws that require schools to treat students by their preferred gender, they still face discrimination, bullying and harassment. Non-binary people don't identify as male or female and having that option helps them protect them from some of the same issues. The new law, the Babs Siperstein Bill, makes it easier for people to change their gender on their birth certificates, which can protect young trans and non-binary people from discrimination.

"When the birth certificate shows what the gender at birth is, not every school is going to treat them fairly," Potenza said.

What's more, the new bill makes it easier for people of any age to change their birth certificates to the correct gender without showing proof of gender affirmation surgery and providing a letter from a therapist. This remains especially important to transgender children because they do not get gender affirmation surgery. And, many transgender people never opt for surgery so they were living with identification that mis-genders them.

"It is invasive. It is burdensome. You shouldn't have to produce medical records. You shouldn't have to say, 'I had this surgery' to have your identity affirmed," Potenza said. "If the way you live and now see yourself and present yourself in the world does not match that document you can have an issue."

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Human brains stored in formaldehyde are pictured at a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Dr. Vahram Haroutunian holds a human brain in a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
A bucket with a human brain stored in formaldehyde is pictured at a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Dr. Vahram Haroutunian holds a human brain in a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Human brains stored in formaldehyde are pictured at a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Human brains stored in formaldehyde are pictured at a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Buckets which hold human brains stored in formaldehyde are pictured at a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Dr. Vahram Haroutunian holds a human brain in a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Dr. Vahram Haroutunian holds a human brain in a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
A sign is pictured on a freezer that contains human brains at a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
Dr. Vahram Haroutunian holds a frozen slice of a human brain in a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
A worker checks the serial number on a slice of human brain before using a saw to cut a piece from the sample at a brain bank in the Bronx borough of New York City, New York, U.S. June 28, 2017. Picture taken June 28, 2017. REUTERS/Carlo Allegri
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Oregon, California and Washington also have similar legislation surrounding birth certificates and New York City offers a gender neutral option as well.

"It could even out the children who chose to be more private. It is quite dangerous," Grace Mauceri told TODAY via email. Her 14 year old son is trans, and was lucky to be able to change his birth certificate to reflect his gender. But Mauceri knows other trans people face problems because of gender mismatches.

"It is disconcerting and unsettling when you don't have your legal documents match your identity. It feels unsafe," Mauceri said.

The family applauds the bill and hope its passage helps others better understand issues facing trans and non-binary people.

"I hope that people realize that being trans is ok, that being trans is normal," Mauceri's son told TODAY. "If we could just accept each other as ourselves and let us have the papers the make us feel at ease, that's huge for us."

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