Court rules Indiana can require biological sex on birth certificates, blocking updates for transgender Hoosiers

(WXIN/WTTV) — A federal court has ruled that Indiana may now require biological sexes to be listed on birth certificates, denying the ACLU’s request to stop an executive order stripping transgender Hoosiers of the ability to update their gender markers on official documents.

Indiana Gov. Mike Braun signed Executive Order 25-36 on March 4 in an attempt to ensure “Indiana law is based on the reality of biological sex rather than extreme new gender theories.” Soon after, the ACLU of Indiana filed a federal class action suit asking for a preliminary injunction.

While Braun said the executive order would “provide freedom and opportunity for all Hoosiers,” the ACLU argued it was “extremely problematic” and said it violates the rights of transgender Indiana residents. To read more about the ACLU’s arguments in the 19-page filing, click here.

Braun and other supporters of the order claimed the change would protect young female athletes, Hoosiers experiencing mental health problems and women in prison.

“Replacing the scientific fact of biological sex with the always-changing, self-reported idea of ‘gender identity’ has real consequences,” Braun said at the time. “Indiana will not go along with this radical new idea of what gender means.”

On Monday, a federal district court ruled in favor of Braun and the state of Indiana, with Judge Matthew Brookman denying the ACLU’s request to block the executive order. In his ruling, Brookman wrote that it is not likely that “irreparable harm” will be caused by the order.

“This ruling is a win for truth, reason, and, of course, common sense,” Attorney General Todd Rokita said in a statement. “Biological sex is an undeniable fact, not a feeling to be rewritten on official documents. Indiana will continue standing firm in protecting the integrity of birth certificates, ensuring they reflect reality, not ideology.”

To implement the order, Braun has instructed the Indiana Department of Health to stop changing birth certificates to list a person’s gender identity rather than their assigned sex at birth. The ACLU says these actions will harm Hoosiers.

“We are disappointed in the ruling and are considering our options,” an ACLU spokesperson said in a statement Monday.

To read the full ruling from the U.S. District Court Southern District of Indiana, click here.