The Oklahoman

State’s first nonbinary birth marker criticized

Stitt blasts such certificates, says he will protect ‘Oklahoma values’

- Carmen Forman The Oklahoman

Gov. Kevin Stitt and GOP members of the Oklahoma Legislatur­e want to prevent the State Health Department from issuing gender neutral birth certificates after the agency issued this month the state’s first nonbinary birth marker.

Members of the LGBTQ community rejoiced after an Oregon resident who was born in Oklahoma successful­ly petitioned the State Health Department to reissue on Oct. 7 their birth certificate with their sex now identified as nonbinary.

Nonbinary people do not identify as male or female.

Stitt responded, saying he will take any action necessary to protect “Oklahoma values and our way of life,” comments that were met with near-immediate criticism from across the aisle.

“I believe that people are created by God to be male or female. Period,” Stitt said in a statement. “There is no such thing as non-binary sex and I wholeheart­edly condemn the purported OSDH court settlement that was entered into by rogue activists who acted without receiving proper approval or oversight.”

Republican legislativ­e leaders said the health department oversteppe­d in implementi­ng such a substantia­l policy change.

House Speaker Charles McCall, RAtoka, called on Stitt to issue an executive order to “correct” the health department’s actions, which he said exceeded the agency’s scope and authority.

In a statement, Health Commission­er Dr. Lance Frye said a legal settlement regarding birth record designatio­ns was reached in May by the attorney general’s office under former Attorney General Mike Hunter.

“The Oklahoma State Department of Health will work with the governor and attorney general’s office for input and counsel on next steps,” Frye said. “Our responsibi­lity is to maintain vital statistics, and we will continue to do so in accordance with the laws of Oklahoma. Should a challenge to the previous agreement be made, we will proceed accordingl­y.”

McCall said the settlement is invalid and unenforcea­ble because state law requires settlement­s that “substantia­lly impacts the operation or programs of a state agency” to be reviewed by the governor’s office and legislativ­e leaders prior to the finalization of the agreement.

The House speaker said his office was never consulted on this particular settlement.

Nicole McAfee, the executive director of Freedom Oklahoma, a nonprofit that advocates for the advancemen­t and equal treatment of the LGBTQ community, took issue with Stitt’s comments.

The Oklahoma way of life does not include attacking those in the LGBTQ2S+ community, McAfee said.

The plus, a new addition to the LGBTQ acronym, stands for other sexual identities not already included in the abbreviati­on. Two-spirit, which is represente­d by the 2S, is an Indigenous-specific term that describes people who believe they have a masculine and feminine spirit.

Freedom Oklahoma celebrated the state issuing its first nonbinary birth certificate, but knew the step forward might be short-lived, McAfee said.

“We are in an election year in a time where transgende­r and nonbinary and two-spirit folks become an unfortunat­e target for many of our elected officials who are seeking to score points with voters by doubling down on inflammatory talking points,” McAfee said.

The State Health Department requires a court order from an Oklahoma court to change the sex designatio­n on a birth certificate. The Office of Vital Records, which issues birth certificates, is housed within the agency.

In August 2020, Kit Lorelied filed a lawsuit to compel the agency to reissue their birth certificate with a nonbinary sex designatio­n. This came after a state vital records official told Lorelied that Oklahoma does not offer nonbinary as an option on birth records.

“Categorica­lly depriving nonbinary persons from a birth certificate matching their gender identity, simply because Oklahoma does not recognize such a designatio­n, harms their health and well-being, by impeding nonbinary individual­s’ ability to live a life consistent with how they see themselves,” the lawsuit said.

An attorney for Lorelied did not respond to a phone message left Thursday.

Lorelied’s case argued Oklahoma’s policy violated constituti­onal protection­s for equal treatment under the law, a person’s right to due process and free speech protection­s enshrined in the First Amendment.

At least 17 other states and Washington, D.C., offer nonbinary as a gender option on government documents, according to the lawsuit.

District court records show on Aug. 25, Oklahoma County District Judge Aletia Timmons ordered the agency to comply with Lorelied’s request.

Federal court documents from October reference that a settlement between the parties was “imminent.” The Oklahoman could not obtain a copy of the settlement.

In light of the news from the health department, one GOP lawmaker already has pre-filed legislatio­n for the 2022 legislativ­e session that would prevent the state from issuing birth certificates that list a person’s sex as nonbinary.

Legislativ­e Democrats criticized Stitt’s comments implying that accommodat­ing nonbinary residents goes against Oklahoma values.

“This morning, the governor used his pulpit to attack Oklahomans. Period,” House Minority Leader Emily Virgin said in a statement. “A national study estimated that 52% of transgende­r and non-binary young people in the United States seriously contemplat­ed suicide last year. The governor’s suggestion that non-binary people don’t qualify as Oklahomans is abhorrent and completely unbecoming of a governor. Moreover, it is dangerous.”

Rep. Mauree Turner, D-Oklahoma City, said in a tweet Stitt is out of touch with Oklahomans and using his power to oppress the state’s LGBTQ community. Turner is the nation’s first nonbinary state lawmaker.

“We are in an election year in a time where transgende­r and nonbinary and two-spirit folks become an unfortunat­e target for many of our elected officials who are seeking to score points with voters by doubling down on inflammato­ry talking points.”

Nicole McAfee Executive director of Freedom Oklahoma

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