To some people, the government’s requirement for ‘sex’ to be listed on birth certificates is wrong because gender identity does not always match the genitalia a person had at birth.Getty Images/iStockphoto
It's considered a vital statistic – one of the key pieces of information parents of children born in B.C. must provide to obtain a birth certificate for their child.
But to some, the government's requirement for "sex" to be listed, along with name and date of birth, on that document is wrong-headed, because some people's gender identity does not end up matching the genitalia they had at birth.
The provincial government, however, is defending its current policy, arguing in a recently filed response in a human-rights case that its position is not discriminatory.
Under B.C. Human Rights Tribunal regulations, the Ministry of Health was not able to provide a copy of that response. But in a response to a query from The Globe and Mail, a spokesman confirmed the province favours retaining gender on birth certificates.
"As this case is currently before the Human Rights Tribunal, I can't speak to specifics of these particular complaints," ministry spokesman Stephen May said in an e-mail.
"I can say the ministry recognizes the concerns of individuals who do not identify as either male or female. However, removing sex designations from birth certificates altogether could cause challenges for British Columbians, as many systems require sex designation on official documentation, including travel documentation, and researchers track the number of boys and girls born for statistical purposes," Mr. May said.
Lawyer Barbara Findlay, who is representing eight transgender and intersex complainants in the case, said she was disappointed by the government's response.
"The government had a number of choices available to them – the main one is: Do the right thing or fight," said Ms. Findlay, who does not capitalize her names. "And the government has chosen to fight the complaint."
The tribunal accepted the complaint in 2013. The complainants want gender to be taken off all new birth certificates. B.C. residents can already apply to change their gender designation on government-issued identification, such as drivers' licences.
A date for a hearing has not been set.
Complainants in the case maintain that "misgendering" of identity documents contributes to the discrimination and mistreatment of transgender people.
When it comes to passports, the government could still require production of a birth certificate – proving that someone is a Canadian citizen – and then ask the person to specify a gender for passport purposes, Ms. Findlay said. "As far as I can dream up, there is absolutely no reason the government needs to certify mistakes, which is what they are doing," she said.
Studies suggest transgender and "intersex" people may avoid seeking medical care out of concern they may face embarrassment or discrimination, and are also at high risk in the job and housing markets.
One of the complainants in the case, Kori Doty, is a self-described non-binary person, which refers to someone whose gender is neither male nor female – or both. Having a birth certificate with gender information made it more difficult to obtain medical care and contributed to other problems.
"For me, the [gender] marker that is on my birth certificate is what doctors assumed about my body when I was born – and 29 years later, that guess the doctor made wasn't accurate," Kori Doty said.
Wendy Stueck