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Indiana Federal Judge Upholds State Requirement to List Biological Sex on Birth Certificates Amid ACLU Lawsuit

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Published on October 01, 2025
Indiana Federal Judge Upholds State Requirement to List Biological Sex on Birth Certificates Amid ACLU LawsuitSource: Unsplash/ Tingey Injury Law Firm

Indiana's ongoing debate regarding the listing of biological sex on birth certificates took a decisive turn recently. According to a news release from the Indiana Attorney General's Office, as WISH TV reported, a federal judge in Indianapolis ruled that the state may require biological sex to be listed on birth certificates. This decision came after a challenge by plaintiffs citing constitutional violations under the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment, which was denied by Judge Matthew P. Brookman on Friday.

Furthering the issue, the Indiana Attorney General Todd Rokita appeared on Fort Wayne’s Morning News, where he made a statement arguing that the ability to change a birth certificate could potentially have unintended consequences later in life. "If you’re allowed to change that later in life, after the fact, change your birth certificate, which is a historical record, that gives you, via a government document, a nice argument to be on a girls’ sports team as a biological male," Rokita told WOWO. He went on to describe the policy as a defense against societal destruction, indicating at least 90 cases where Indiana judges have permitted changes to birth certificates.

Gov. Mike Braun had previously issued an executive order aimed to prevent changes to gender markers on birth certificates in the state, prompting a class action lawsuit by the ACLU of Indiana. As FOX59 reported, Braun defended the executive order by claiming it protected the integrity of Indiana's legal documents and upheld the distinction between biological sex and gender identity.

In response to questions about the impacts of this policy on the transgender and non-binary community, Rokita stated bluntly, "They need therapy, and there is a mental disorder afoot, but that doesn’t mean you should be allowed to go spike volleyballs in girls’ noses," while emphasizing his belief that the Attorney General should always be conservative, Rokita assured the interviewer as per WOWO.