Vermont Law and Graduate School Clinic Fights for Parents’ Right to Refrain from Assigning Binary Gender for their Child
Vermont Business Magazine Efforts by the South Royalton Legal Clinic at Vermont Law and Graduate School (VLGS) have secured the first-ever non-binary gender marker to appear on an initial birth certificate in the state of Vermont.
This is a historic moment for Vermont, allowing for the first time individuals to use the gender X marking on initial birth certificates.
Until now, gender markers could be amended to reflect X, but the identifier was not recognized on the initial, at-birth document.
The appeal was filed on behalf of Vermont parents who submitted a birth certificate for their newborn child with X gender, abstaining from assigning the child a binary gender at the time of birth.
The Vermont Department of Health, with which vital records are filed, denied the application for the birth certificate. Prior to the appeal, Vermont’s state registrar required an initial birth certificate to include a binary sex with the option to amend and reflect gender identity.
“We are thrilled with this outcome,” said Meg York, lead attorney for the LGBTQ+ Family Law Project at VLGS and attorney who brought the appeal. “This landmark case is paving the way for new options and a more just and equitable future for all Vermonters.”
With this appeal, Vermont parents may now reserve the right of their child to self-identify in the future with no barrier to identifying their gender before the child has the choice.
About Vermont Law and Graduate School: Vermont Law and Graduate School, a private, independent institution, is home to the nation’s premier environmental law program. The school features innovative experiential programs and is home to the Environmental Law Center, South Royalton Legal Clinic, Environmental Advocacy Clinic, Energy Clinic, Food and Agriculture Clinic, Environmental Justice Clinic, and Center for Justice Reform. For more information, visit vermontlaw.edu, visit Facebook, Twitter
SOUTH ROYALTON, Vermont (Feb. 8, 2023) — Vermont Law and Graduate School

