Hersom v. Crouch
What's at Stake
Xavier Hersom applied for and was denied a gender marker change on his birth certificate. He said DHHR’s policy has created yet another layer of difficulty for him as a transgender person living in West Virginia. The ACLU, the ACLU of West Virginia, and the Harvard Law School LGBTQ+ Advocacy Clinic filed a federal lawsuit asking a court to declare West Virginia’s birth certificate policies relating to transgender people unconstitutional on behalf of Hersom and an another anonymous plaintiff.
Summary
In 2020, the West Virginia Supreme Court of Appeals ruled circuit judges could no longer issue court orders telling the state Department of Health and Human Resources (DHHR) to correct gender markers on birth certificates for transgender West Virginians. This ruling has led to DHHR unfairly refusing to change gender markers for transgender West Virginians.
Legal Documents
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08/12/2021
Complaint -
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09/08/2021
Answer to Complaint
Hersom v. CrouchLegal DocumentsAnswer to ComplaintDate Filed: 09/08/2021
Court: District Court (S.D. W. Va.)
Affiliate: West Virginia
Download Document -
09/08/2021
Date Filed: 08/12/2021
Court: District Court (S.D. W. Va.)
Affiliate: West Virginia
Download DocumentPress Releases
ACLU Settles Lawsuit After West Virginia Officials Reveal New Process for Amending Names and Gender Markers on Birth Certificates