OKLAHOMA CITY – Attorney General Gentner Drummond gained a powerful ally in Oklahoma’s case defending its birth certificate law. The U.S. Department of Justice filed a brief in support of the state in the Fowler v. Stitt case, which challenges Oklahoma’s rule that birth certificates must list a person’s biological sex.
In the case, Drummond opposes any action that would force Oklahoma to falsify official records by changing documented biological facts to match a person’s gender identity. Today’s amicus brief filed by the Trump administration’s DOJ urges the court to uphold Oklahoma’s law, which prohibits altering the sex designation on birth certificates except in narrow circumstances such as proven clerical errors.
“This support from the U.S. Justice Department underscores the strength of Oklahoma’s case,” Drummond said. “We are confident the courts will recognize the legitimacy of our law, and my office will continue to defend it at every step.”
The brief argues that the policy is constitutional, applies equally to everyone, and serves important purposes, such as keeping vital records accurate and protecting spaces reserved for women and girls.
The DOJ also pointed to the U.S. Supreme Court’s recent ruling in United States v. Skrmetti, which said that laws like Oklahoma’s should be judged under the easier “rational basis” standard. Just last week, the Attorney General explained in a supplemental brief to the Tenth Circuit that Skrmetti further demonstrates that Oklahoma should prevail here.
The Fowler v. Stitt case is now back before the U.S. Court of Appeals for the Tenth Circuit, which will reconsider Oklahoma’s law in light of recent Skrmetti decision.
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