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Transgender woman wins landmark US lawsuit over birth certificate Published duration 25 March
image copyright Reuters image caption Justice Department lawyer Ilana B. Howard said it was settled because “justice is important”
A federal court has ruled that a transgender woman who was born male can use the female gender on her birth certificate.
The case was brought by Kim Davis, a county clerk in Rowan County, Kentucky.
In August 2014, the US Supreme Court ruled in favour of a transgender woman who needed a birth certificate to be recognised as a female and gave her the right to live in the gender she had identified as.
But in May, the Supreme Court sent the case back to the lower courts, saying they were not clear whether transgender people could be recognised by gender markers on their birth certificates.
On Tuesday, a three-judge panel of the Sixth US Circuit Court of Appeals in Cincinnati ruled that the lower court properly applied the Supreme Court ruling.
The judges, including Judges Dow, Sutton and Hall, also said that the United States “refused to issue Ms Davis a license to infringe on other people’s rights”.
image copyright Reuters image caption Kim Davis claimed her religious freedom was violated when she was jailed for refusing to give out marriage licences
“The Justices were right,” Kim Davis said on Tuesday.
“I finally have justice and my job is to serve the people.”
“I couldn’t help but think how pleased God was to grant me this victory with his son,” Ms Davis wrote in a newsletter after the ruling.
“This ruling makes it possible for me to follow the Lord’s leading to serve all people in all capacities in the Gospel,” she wrote.
On Wednesday, Justice Department lawyer Ilana B. Howard told the court that the case had been settled because it was “important to obtain the benefit of the Supreme Court’s guidance”.
“It is clear that if the county has to issue the birth certificate as Ms Davis is entitled to under the Supreme Court’s decision, it will be able to do so without compromising the law’s requirements, including the requirement that its employees treat all people equally,” she said.
Ms Davis’s lawyer, Mat Staver of Liberty Counsel, said in a statement that the judge’s decision was “one of the most important decisions in the history of the United States”.