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South Dakota Supreme Court Denies Transgender Woman's Birth Certificate Gender Change
Ruling says state law does not allow for amending sex on birth certificates
Published on Mar. 6, 2026
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The South Dakota Supreme Court has denied a transgender woman's request to change the gender marker on her birth certificate. Sigrid Nielsen filed a lawsuit in September 2024 to amend her birth certificate, but a lower court denied the request. The state's highest court upheld the lower court's decision in a 5-0 ruling, stating that current state laws do not permit changing the sex designation on birth certificates.
Why it matters
This case highlights the ongoing legal battles over transgender rights and identity documentation in conservative states like South Dakota, where lawmakers have resisted efforts to update policies around gender markers on official records. The court's opinion suggests the issue should be left to the state legislature, signaling a reluctance to intervene on this matter.
The details
Sigrid Nielsen, a transgender woman living in Sioux Falls, filed a lawsuit in September 2024 seeking to amend the gender marker on her birth certificate. A lower court denied her request, and Nielsen appealed the decision to the South Dakota Supreme Court. In a 5-0 ruling, the state's highest court upheld the lower court's decision, stating that current state laws do not provide a legal mechanism for changing the sex designation on birth certificates.
- Sigrid Nielsen filed the lawsuit in September 2024.
- The lower court denied Nielsen's request to change the gender marker on her birth certificate.
- Nielsen appealed the lower court's decision to the South Dakota Supreme Court.
- The South Dakota Supreme Court issued its 5-0 ruling denying Nielsen's appeal in March 2026.
The players
Sigrid Nielsen
A transgender woman living in Sioux Falls, South Dakota who filed a lawsuit to change the gender marker on her birth certificate.
South Dakota Supreme Court
The state's highest court that issued a 5-0 ruling denying Nielsen's request to amend the gender on her birth certificate.
What’s next
The ruling suggests that any changes to allow transgender individuals to update the gender marker on their birth certificates would need to come through action by the South Dakota state legislature.
The takeaway
This case underscores the ongoing legal battles over transgender rights in conservative states, where courts have been reluctant to intervene and instead deferred such decisions to state legislatures, leaving transgender individuals without a clear path to update their identity documents.
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