Lawmakers consider ‘X’ for sex on Maryland birth certificates

By: Emma Tufo

ANNAPOLIS–Maryland lawmakers are considering a measure that would create a new designation of “X” for sex on Maryland birth certificates, a design meant to give official recognition to transgender and non-binary people at a moment of uncertainty for their community.

The proposed Birth Certificate Modernization Act would streamline procedures for amending sex on birth certificates, licenses and IDs, and introducing a gender-neutral designation option. It would also strengthen protections, ensuring documents do not display amendment histories.

“This bill will ensure that people can obtain documentation that matches who they are,” said bill sponsor, Sen. Clarence Lam, a Democrat representing Anne Arundel and Howard Counties.

Current Maryland law allows the Secretary of Health to issue new birth certificates for individuals who have undergone a sex transition or are intersex. Minors or disabled individuals under guardianship can make changes if a parent, guardian, or legal representative submits a written request.

But LGBTQ+ advocates have been looking for a clearer recognition of non-binary and transgender people, at a moment when more are choosing to reveal their gender status and being targeted for derision or violence as a result.

Many are also worried about a rollback of their rights and protections under President-elect Donald Trump, who recently declared that, on his first day back in office, “it will be the official policy of the United States government that there are only two genders, male and female.” During his first term, Trump restricted transgender individuals’ access to healthcare, rolled back anti-discrimination protections, and barred transgender people from serving in the military.

Lam said many individuals face challenges in aligning state and federal documents, particularly when it comes to updating gender markers. He added that he and other lawmakers are working closely with the LGBTQ+ community on various bills, as many supporters are “concerned about some of the pending changes that might come at the federal level.”

“For example, someone who wants to be identified as ‘X’ in their gender field for a passport can make that choice federally, but they might not even be able to get their birth certificate updated at the state level,” he said.

Under current Maryland processes, individuals could apply to amend their documents, but many face obstacles.

“You can apply, but people were having difficulty getting it changed because they had to provide proof that you had been treated and needed a doctor’s note to say that someone has transitioned to a different sex. That was a big impediment to a lot of people and is not a requirement at the federal level,” Lam told Capital News Service.

Critics argue that the proposed updates prioritize non-urgent issues. Jeffrey Trimbath, president of the conservative Maryland Family Institute, condemned the bill as the “definition of tone deaf” and claimed it ignores Marylanders’ real concerns.

“Maryland citizens are facing increased energy costs, rising prices, schools that aren’t educating our kids, a state government that is clearly spending more than it takes in, and in response to all of those everyday concerns,” Trimbath said. “The authors of this bill are focused on eliminating the definition of sex.”

Lam underscored the importance of swift action on the bill.

“All we can do at the state level is to further uplift and support the rights and priorities of our LGBTQ community,” he said, “to ensure that we continue to take steps to move forward, even if the federal government decides to take steps backward.”