Thompson Hine Teams with ACLU, ACLU Ohio and Lambda Legal to Secure Removal of Ohio Anti-Transgender Birth Certificate Policy

Date: January 14, 2021

Thompson Hine LLP is proud to have supported the ACLU, ACLU Ohio and Lambda Legal in a lawsuit that resulted in an important victory for transgender rights in Ohio.

In its decision in Ray v. McCloud, the U.S. District Court for the Southern District of Ohio struck down as unconstitutional an Ohio policy that prohibited transgender individuals from changing the gender marker on their birth certificates, a policy the state had instituted in 2016. The clients Thompson Hine represented, four transgender Ohioans, suffered harassment and discrimination because the gender on their birth certificates did not match other identification documents.

The court found that the Ohio policy violated the Fourteenth Amendment’s substantive due process rights to informational privacy and its equal protection clause, with Judge Michael Watson holding that “[a]ll the Court is finding is that a blanket prohibition against transgender people changing their sex marker is unconstitutional.”

“We are proud that we were able to assist in securing an important decision for the transgender community, and we celebrate this victory that removes a discriminatory policy,” said partner Jennifer Roach, who spearheaded the firm’s involvement.

The official press release can be found here.