Oklahoma Attorney General Gentner Drummond has gained a powerful ally in the legal battle over the state’s birth certificate law. The U.S. Department of Justice has filed a brief supporting Oklahoma in Fowler v. Stitt, a case challenging the state’s requirement that birth certificates list a person’s biological sex.
Drummond argues that Oklahoma should not be forced to falsify official records by changing documented biological facts to align with an individual’s gender identity. The DOJ’s amicus brief urges the court to uphold the state’s law, which prohibits altering the sex designation on birth certificates except in limited circumstances such as correcting clerical errors.
“This support from the U.S. Justice Department underscores the strength of Oklahoma’s case,” Drummond said. “We are confident the courts will recognize the legitimacy of our law, and my office will continue to defend it at every step.”
The brief contends that the policy is constitutional, applies equally to all individuals, and serves important purposes — including maintaining the accuracy of vital records and protecting spaces reserved for women and girls. It also cites the U.S. Supreme Court’s recent decision in United States v. Skrmetti, which held that laws like Oklahoma’s should be reviewed under the more deferential “rational basis” standard.
The case now returns to the U.S. Court of Appeals for the Tenth Circuit, which will reconsider the state’s law in light of the Skrmetti decision.
