COLUMBUS, OH — The American Civil Liberties Union has filed a lawsuit against the state of Ohio for discriminatory polices against transgender residents. The organization said the state does not allow the gender marker on birth certificates to be changed for transgender individuals, for any reason, at any time.

"Ohio's policy deprives transgender people who were born in Ohio of a birth certificate that accurately reflects their gender identity," said Susan Becker, general counsel for the ACLU of Ohio. "It's past time Ohio complies with the Constitution's promise that all people have a right to live freely and openly in society as who they are, without fear of discrimination."

Ohio is one of three states that do not allow gender markers to be changed on birth certificates. The other states with similar policies are Kansas and Tennessee.

The ACLU said that people born in Ohio are able to correct their gender marker on other legal documents, such as their driver's license, state identification, U.S. Passport and social security information. However, they are not allowed to alter their birth certificates. "Ohio's policy causes me problems here in the U.S., as well as in Italy, my family's homeland," said Basil Argento, a plaintiff in the lawsuit. "Ohio's refusal to correct my birth certificate made it enormously difficult to obtain dual citizenship, and I am still fighting to get my Italian passport issued for the same reason."



Some plaintiffs in the lawsuit feel that not allowing individuals to change their gender marker on their birth certificate could open them up to discrimination and, possibly, violence. "After I had to show my birth certificate to obtain a job, a colleague threatened to beat me up and I felt I needed to leave for my own safety," said plaintiff Stacie Ray. "I deserve to have documents that reflect who I am and don't put me in harm's way – the same as anyone would want for themselves and their loved ones."

The lawsuit was filed in the U.S. District Court for the Southern District of Ohio. The law firm Thomas Hine is co-counsel for the ACLU on the case.

The Ohio Attorney General's Office declined to comment on the lawsuit and Governor John Kasich's Office did not immediately return Patch's request for comment.