(ZENIT News / Pierre, South Dakota, 03.22.2026).- On March 5, the South Dakota Superior Court upheld the earlier ruling by the Sixth Judicial Circuit Court, which established that the sex or name written on birth certificates cannot be altered except in cases of error, as these documents are essential for State records and are not intended to reflect a citizen’s future gender identity.
The South Dakota Supreme Court unanimously affirmed the decision in response to a petition from transgender individuals, who do not have the right to have the sex or name on their birth certificates changed.
Michael Nielson, a man who identifies as a transgender woman, petitioned the State of Minnesota to change the sex designation on his birth certificate to female and to modify his birth name from Michael to Sigrid, as the State of Minnesota legally recognized his name and sex changes. The Superior Court of South Dakota responded that maintaining accurate records of a person’s biological sex on birth certificates is vital for the State Department of Health’s data tracking.
The judges clarified that «the Department of Health maintains the existence of a national relationship between the correct designation of sex at birth on a birth certificate and a legitimate Government purpose.» They also noted that «the State has spent years tracking large amounts of data on birth dates.» The Department not only records the data from the certificates but also publishes the «statistical data derived from those records.»
Nielson argued that being denied permission to change the sex and name listed on her birth certificate violated her constitutionally guaranteed rights to «equal protection.» The Court rejected her claim because the State Department of Health’s regulations on birth certificates apply equally, regardless of whether the person identifies with a different sex. It stated: «Therefore, there is a rational relationship between a rule that only permits an amendment to statistical data to reflect an error at the time of birth and the State’s legitimate interest in maintaining accurate vital records from which the data contained therein can be properly realized and published.» Other States have legislated on those who change their name and sex on Government-issued documents. As in 2024, the Texas Department of Public Safety announced that it would not allow changes to the sex listed on driver’s licenses, birth certificates, or other State documents, except in cases of administrative error. Similarly, in February 2026, the Indiana State Department of Motor Vehicles prohibited changes to the biological sex on driver’s licenses, birth certificates, or other State-issued identification documents.
