The Texas Senate is currently considering a bill that would ban individuals from changing the sex listed on their original birth certificates, even with a court order.
Senate Bill 406, sponsored by Republican State Senator Mayes Middleton, has sparked heated discussions on the objectivity of gender and the impact that gender ideology may have on the accuracy of public records.
If passed, SB 406 would make it illegal for anyone to alter the sex marked on their birth certificate, regardless of any legal proceedings or court rulings that previously allowed for such changes.
Sen. Middleton says that the measure is not intended to restrict personal expression but rather to ensure that legal documents remain accurate and consistent for public record.
“This bill is not about restricting anyone’s personal expression. It is about ensuring legal documents reflect accurate statistics,” Middleton told Fox 4 KDFW. “Right now, the only way to change sex is by court order, and this bill prevents that.”
Supporters of SB 406 also argue that the bill is a matter of general safety for Texans.
Megan Benton, a spokesperson for the advocacy group Texas Values, suggested that allowing sex changes on vital records could enable people to manipulate official documentation.
“This is a matter of public safety and public record. If a man can legally change his birth certificate to say he is a woman, then it’s possible to get a driver’s license, passport, and social security card that also says he is female,” Benton said.
Previously, the Texas Department of Public Safety’s policy allowed individuals to change the sex on their driver’s license by presenting a certified court order or an amended birth certificate. However, DPS changed its policy in August 2024 and no longer accepts these documents as a basis for changing the sex on a person’s driver’s license or government ID.
Lawmakers have also recently passed measures banning athletes who were not biologically born as female from competing on women’s sports teams at high school and collegiate levels. Gov. Greg Abbott signed the Save Women’s Sports Act into law last June, prohibiting biological males from competing against females in sports competitions at Texas colleges and universities.
SB 406 will undergo further analysis and debate in the coming weeks. If the bill passes the State Senate, it will move to the Texas House for an additional review.