On April 4, Chad Eggspuehler argued the merits of In re Application for Correction of Birth Record of Hailey Emmeline Adelaide before the Supreme Court of Ohio. The case seeks to answer the question of how Ohio’s transgender citizens can change the sex marker listed on their birth certificates. A federal court ruled in 2020 that Ohio could not constitutionally deny transgender citizens this type of birth-certificate correction, but, contrary to existing Ohio Supreme Court guidance, a probate court in west Ohio declined to process Ms. Adelaide’s birth-certificate correction. To learn more about the case, which was initially filed by Equality Ohio’s legal clinic, click here.

Joint Statement:

Birth certificates are essential government-issued identification documents used by citizens throughout every phase of life, including applications for educational opportunities, employment, housing, government benefits, or other core identification documents like passports and driver’s licenses. For transgender individuals, having inaccurate sex markers on their birth certificates threatens to “out” them whenever they must submit a birth certificate, imperiling a constitutionally protected privacy interest.

 This case is about how Ohio’s transgender citizens can change the sex marker listed on their birth certificates — not “if.” A federal court held in 2020 that Ohio could not constitutionally deny transgender citizens this type of birth-certificate correction, and the Ohio Department of Health has determined that these corrections will be made, pursuant to an established statutory process, with a probate court order. The Ohio Supreme Court, likewise, has issued a standard probate court form to facilitate this process. Our client, Ms. Adelaide, followed this guidance, but the probate court in her home county refused to process her correction. There are now several counties where the probate courts will not process these corrections. Thus, not all Ohioans have been able to access this constitutionally required remedy. We are hopeful the Ohio Supreme Court will stand by its existing guidance and resolve the uncertainty as to how transgender citizens can correct their birth certificates moving forward.

                                                                                          Chad Eggspuehler, Tucker Ellis
                                                                                          Maya Simek, Equality Ohio

                                                                                          Counsel for Ms. Adelaide

In re Application for Correction of Birth Record of Adelaide was livestreamed at supremecourt.ohio.gov and broadcast live on the Ohio Channel. The archived video of the argument is available here. Learn more about the case and argument in coverage provided by the The Columbus Dispatch, The Buckeye Flame, Ohio Capital Journal, Bloomberg Law, and ABC13 Action News WTVG, among other media outlets.

Pictured left to right in the photograph below are Chad Eggspuehler, client Hailey Adelaide, and co-counsel Maya Simek.

Pictured in the photograph below with Chad Eggspuehler, Hailey Adelaide, and Maya Simek are members and supporters of Equality Ohio.