Transgender activist in Topeka sues state over birth certificate

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TOPEKA, Kan. (WIBW) -- A transgender woman in Topeka is hoping the Shawnee Co. District Court will allow her to obtain a new birth certificate that lists her gender as female.

Transgender activist Stephanie Mott filed a lawsuit on February 19th against the Kansas Dept. of Health and Environment and the agency's Secretary Susan Mosier.

The lawsuit says Mott's Kansas driver's license, social security card, and U.S. passport all reflect her sex as female, especially after undergoing sex reassignment surgery in 2012.

Because her Kansas birth certificate reflects her sex as male, she says her birth certificate is inaccurate and her identification documents are inconsistent.

In the lawsuit, Mott says this fact leads to embarrassment, harassment, and exposes her to an increased risk of violence. She goes on to say the KDHE's refusal to amend her birth certificate violates her due process rights and right to equal protection as well as being unconstitutional.