Hawaii 2023 Regular Session

Hawaii Senate Bill SB38

Introduced
1/18/23  

Caption

Relating To Vital Statistics.

Impact

If enacted, SB38 would fundamentally alter the procedures for changing sex designations on birth certificates in Hawaii. Under the new guidelines, individuals or legal guardians would need to submit specific documentation to the Department of Health, including notarized applications and healthcare provider attestations in the case of minors. This structured process aims to protect individuals’ rights to reflect their gender identity accurately on official records, thus promoting acceptance and inclusivity within state laws.

Summary

SB38 is a legislative proposal aimed at updating Hawaii's vital statistics law to include a non-binary gender marker option on birth certificates, designated as 'X'. This bill seeks to establish a more inclusive approach to gender identity in official documents, following a trend observed in other states such as Washington. The proposed change comes on the heels of previous legislation, specifically Act 148, which allowed for non-binary options on state identification documents. The integration of this new marker is intended to ensure that gender representations align across various forms of identification for individuals.

Contention

While the bill is positioned as a step towards greater inclusion, it may also be met with opposition from various groups who argue that the introduction of a non-binary designation could complicate existing legal frameworks surrounding gender identity. Concerns may arise over the implications of recognizing a third gender in the state's vital statistics, particularly in relation to legal rights and protections associated with gender identity. The discourse surrounding this bill reflects broader societal debates about gender recognition and the potential impacts of policy changes on traditional constructs of gender.

Companion Bills

HI HB805

Same As Relating To Vital Statistics.

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