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Michigan AG finds birth certificate policy unconstitutional

Dana Nessel photo
Dana Nessel

Michigan's attorney general has issued a formal opinion declaring that a state law that requires people to complete gender-confirmation surgery to change their gender on their birth certificate is unconstitutional. The opinion from Democratic Attorney General Dana Nessel means people who want to change their birth certificate can now without proof of surgery. Nessel issued the opinion after Michigan Department of Health and Human Services Director Elizabeth Hertel asked the attorney general in February to examine the constitutionality of the 1978 law. Nessel found that the law violates the rights to equal protection and to due process.