Current Version
| Region | Utah |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | May 13, 1975 |
| End Date | 1995 |
| Description | The State of Utah officially enacted legislation (1975 Utah Laws ch. 64, § 1) establishing a statutory framework for amending gender markers on birth certificates. The law strictly required applicants to obtain a formal court order to effectuate this administrative change. Although the statute explicitly authorized amendments due to a "sex change," it completely omitted any specific medical prerequisites, substantive legal standards, or required degree of surgical intervention. Consequently, district courts adjudicated these petitions based on their inherent common-law authority, treating them analogously to legal name-change petitions. The judicial review was primarily limited to ensuring the application was not filed for a wrongful or fraudulent purpose. Upon the issuance of a favorable court decree, the state civil registry was legally bound to update the gender marker on the applicant's vital records. |
| Sources | https://digitalcommons.law.uidaho.edu/cgi/viewcontent.cgi?article=1193&context=idaho-law-review https://law.justia.com/cases/utah/supreme-court/2021/20170046.html |
Revision History (1)
| Original entry | |
|---|---|
| Status | Legal, but requires surgery |
| Start Date | May 13, 1975 |
| End Date | 1995 |
| Description | The State of Utah officially enacted legislation (1975 Utah Laws ch. 64, § 1) establishing a statutory framework for amending gender markers on birth certificates. The law strictly required applicants to obtain a formal court order to effectuate this administrative change. Although the statute explicitly authorized amendments due to a "sex change," it completely omitted any specific medical prerequisites, substantive legal standards, or required degree of surgical intervention. Consequently, district courts adjudicated these petitions based on their inherent common-law authority, treating them analogously to legal name-change petitions. The judicial review was primarily limited to ensuring the application was not filed for a wrongful or fraudulent purpose. Upon the issuance of a favorable court decree, the state civil registry was legally bound to update the gender marker on the applicant's vital records. |
| Sources | https://digitalcommons.law.uidaho.edu/cgi/viewcontent.cgi?article=1193&context=idaho-law-review https://law.justia.com/cases/utah/supreme-court/2021/20170046.html |