Somers

L

INTRODUCTION

Plaintiff Gigi Marie Somers (Somers) appeals from an order denying her petition for change of gender on her California birth certificate under Health and Safety Code section 103425. The court denied the petition on the basis that the statute requires a petitioner to file in the county of his or her residence, and plaintiff resides in Kansas. Kansas does not permit a change of gender on a birth certificate for plaintiff. We hold that this requirement impermissibly denies California-born transgender individuals who reside outside of California the same right to issuance of a new California birth certificate as is afforded to California-born transgender individuals residing in California. Accordingly, we reverse.

II.

BACKGROUND

Somers was bom in Los Angeles, California, on September 12, 1941, and was issued a California birth certificate, which identifies her sex as male. In 2005, Somers underwent gender reassignment surgery. She subsequently obtained an order from the Leavenworth County District Court in Kansas, where she resides, legally changing her name to Gigi Marie Somers. Somers then obtained a Kansas driver’s license, reflecting her new name, and…