The Oklahoma Department of Health has received a stern warning from Governor Kevin Stitt, who ordered them to stop issueing nonbinary birth certificates. Just last month, the state began issuing nonbinary birth certificates, which in leiu of male or female markers, had an "X" gender marker.
According to The Oklahoman, Gov. Stitt issued an executive order on Nov. 8 prohibiting the state health department from issuing more birth certificates with the "X" gender market. He said in the order that issuing gender-neutral birth certificates amended these documents in a way that is prohibited by Oklahoma state law.
In the executive order issued Monday, Gov. Stitt called upon the Oklahoma Legislature to pass a measure next year on state-issued birth certificates that oulines, "a designation of non-binary is contrary to Oklahoma Law." Oklahoma Senator Michael Bergstrom, along with Sens. David Bullard and Jake Merrick, have already filed legislation "limiting sex or gender designation on certificate of birth to male or female; prohibiting nonbinary designation."
Gov. Stitt's previous comments on nonbinary birth certificates has drawn harsh criticism from the local LGBT community. The Republican governor previously underscored his belief that "people are created by God to be male or female. Period. There is no such thing as non-binary sex."
In the executive order, Gov. Stitt claimed that the Oklahoma State Department of Health decision to amend birth certificates "in a manner not permitted under Oklahoma Law," was in fact "not reviewed or approved by my administration," Breitbart reported. Last month, the Oklahoma Department of Health agreed to amend a birth certificate of an Oregon resident to show that they were non-binary.
The state health department of Oklahoma pushed back on Gov. Stitt's executive order, saying saying it will carry on with amending birth certificates as long as it's within the limitations of state law, which "include legal change of name or corrections of errors."
It also committed to working with the Governor and Attorney General "on any orders for amendments that may fall outside the scope" of Oklahoma law and "uphold its mandate in the area of vital statistics within the authority granted by the Oklahoma Legislature."
The issues surrounding nonbinary birth certificates began in August 2020 when the state health department was at the receiving end of a lawsuit filed by Kit Lorelied, who demanded to ahve their birth certificate reissued with a nonbinary sex designation, The Oklahoman reported. When the state's Office of Vital Records said it did not offer "nonbinary" as an option in birth certificates, Lorelied sued them.
According to the lawsuit, Oklahoma's policy "violated constitutional protections for equal treatment under the law, a person's right to due process and free speech protections enshrined in the First Amendment." It also claimed that failing to issue nonbinary birth certificates to nonbinary citizens "harms their health and well-being, by impeding nonbinary individuals' ability to live a life consistent with how they see themselves." The lawsuit cited 17 other states that had the gender neutral option in their birth certificates.
On August 25, Oklahoma County District Judge Aletia Timmons ordered the Office of Vital Records to comply with the plaintiff's request.
