Texas Senate Bill SB1148

Texas 2021 - 87th Regular

Caption

Relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain minors.

Impact

The enactment of SB1148 will modify existing provisions in the Texas Health and Safety Code, particularly as they pertain to the administration and recording of birth certificates. By reinforcing the designation of biological sex as a fixed entry on these documents, it may further complicate matters around legal recognition of gender identity, especially for minors who may wish to alter their identification in accordance with their gender identity. This has potential implications for legal, medical, and educational systems that engage with matters of gender identity and expression for youth.

Summary

SB1148, relating to the required inclusion of a person's sex on birth certificates, mandates that all birth certificates must explicitly record the biological sex of a child as determined by their sex organs, chromosomes, or endogenous profiles. The bill further stipulates that for minors, once the biological sex is recorded, any attempts to amend this information through standard procedures will be heavily restricted. It targets the changing of sex information on the birth certificate, presenting significant implications for the management of gender identity documentation in the context of minors.

Contention

The bill's provisions have been a source of substantial debate, with proponents arguing that such measures provide clarity and ensure that birth certificates reflect biological realities, thereby simplifying legal and medical contexts. Conversely, opponents express concerns regarding the bio-essentialist approach to gender, arguing that it could undermine the rights and identities of transgender minors, exposing them to additional discrimination or challenges in navigating their identities. Critics suggest that the constraints placed on changing sex information on birth certificates could perpetuate stigma and limit the agency of young individuals over their self-identification.