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2021 Op. Mich. Att'y Gen. 1 (2021)

handle is hein.sag/sagmi0148 and id is 1 raw text is: The following opinion is presented on-line for informational use only and does not replace the official version. (Mich. Dept. of Attorney General Web Site - http://www.ag.state.mi.us) STATE OF MICHIGAN DANA NESSEL, ATTORNEY GENERAL CONSTITUTIONAL LAW: Constitutionality of the sex-reassignment surgery requirement of MCL 333.2831(c). US CONST, AM XIV: CONST 1963, ART 1, § 2: CONST 1963, ART 1, § 17: PUBLIC HEALTH CODE: Changing the sex designation on a birth certificate. VITAL RECORDS: The sex-reassignment surgery required by MCL 333.2831(c) to change the sex designation on a birth certificate is unconstitutional because it violates an individual's equal protection rights under the United States and Michigan Constitutions. The sex-reassignment surgery required by MCL 333.2831(c) to change the sex designation on a birth certificate may also violate an individual's due process rights under the United States and Michigan Constitutions. Opinion No. 7313 June 30, 2021 Elizabeth Hertel, Director Michigan Department of Health and Human Services 333 South Grand Avenue P.O. Box 30195 Lansing, MI 48909 You have asked whether MCL 333.2831(c) violates the constitutional rights of Michigan-born persons who seek to amend their birth certificate to alter their sex designation assigned at birth to reflect their present gender identity. Background Section 2831(c) establishes the only method by which Michigan-born individuals can change the sex designation on their birth certificates. To take advantage of this provision, an individual is required to submit both: (1) a written request that a new certificate be established to show a sex designation other than that designated at birth; and (2) an affidavit of a physician certifying that sex-reassignment surgery has been performed. MCL 333.2831(c). This opinion focuses only on the constitutionality of the second requirement. Legal Principles

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