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OKLAHOMA CITY (KFOR) – Three transgender Oklahoma residents are taking Gov. Kevin Stitt to court over his executive order that stopped the Oklahoma State Department of Health from listing nonbinary as a gender option on birth certificates.

The three plaintiffs filed the suit against Stitt, Keith Reed, the Interim Commissioner of Health for OSDH, and Kelly Baker, the State Registrar of Vital Records.

The lawsuit, filed on Monday, states the plaintiffs are transgender Oklahoma natives who want to correct their birth certificate to reflect their sex, consistent with their gender identity.

The plaintiffs are also seeking birth certificate access that they can use without involuntarily disclosing their transgender status, “which can expose them to discrimination, harassment, and violence,” the lawsuit states.

Stitt issued an executive order in November preventing OSDH from allowing nontraditional gender options on birth certificates.

The Governor’s executive order stemmed from a federal lawsuit filed in 2020 after OSDH officials told someone they couldn’t change their sex on their birth certificate to nonbinary. The suit would eventually be settled, allowing it to be changed with a court order from an Oklahoma court.

The lawsuit argues that’s Stitt’s executive order is inconsistent with other states, as well as other Oklahoma practices, when it comes to sex designation options on official state documents.

“Oklahoma’s current bar not only stands in sharp contrast to its own prior practice but also the approach of nearly all other states and the District of Columbia, which generally have established processes by which transgender people can change the gender markers on their birth certificates. Indeed, the Governor’s bar is also inconsistent with Oklahoma’s current practice of permitting transgender people to change sex designations on their driver’s licenses and other identifying documents to match their gender identity,” the lawsuit states.

The Governor’s Office told KFOR they do not comment on pending legislation.

The complete lawsuit can be downloaded by clicking the below file attachment.