INDIANAPOLIS — The ACLU of Indiana has filed a class action lawsuit challenging Governor Mike Braun’s recent efforts to restrict transgender Hoosiers from updating the gender markers on their birth certificates.
The lawsuit is a direct response toExecutive Order 25-36, signed by Governor Braun on March 4, 2025.
This executive order, which mirrors similar policies implemented under President Trump, states that Indiana will only recognize two genders: male and female. The executive order directs state agencies to no longer use language like "birthing person," "men with periods," or "people who menstruate".
There are currently 239 Indiana driver’s licenses that carry the X designation. While drivers may keep those licenses, they will not be allowed to renew them with the X designation.
Furthermore, the Indiana Department of Health plans to push back against counties that attempt to change sex on birth certificates.
ACLU's lawsuit argues that the Executive Order infringes upon the privacy rights of transgender Hoosiers by compelling them to disclose their gender identity status, which might not be otherwise apparent. It also alleges discrimination on the basis of sex and transgender status, violating the Equal Protection Clause of the Fourteenth Amendment.
ACLU seeks to contest this order, particularly its reliance on the" Vital Records Division of the Indiana State Department of Health as justification for its failure to process gender-marker changes approved by Indiana courts."
The case is spearheaded by a transgender girl originally born in Indiana, who now resides in Ohio.
“Transgender Hoosiers have a right to accurate birth certificates to live safely and authentically," said ACLU of Indiana legal director Ken Falk. "Court-ordered changes to birth certificates are common for a number of reasons, and to deny trans people the right to change these important documents is discrimination.”
A copy of the complaint can be accessed here.
