Legal Opinion

Somers v. Superior Court

California Court of Appeal

Decided April 10, 2009No. A123445PublishedCited by 1 opinion

1Opinion of the Court

Opinion

MARCHIANO, P. J.—

L

INTRODUCTION

Plaintiff Gigi Marie Somers (Somers) appeals from an order denying her petition for change of gender on her California birth certificate under Health and Safety Code section 103425. The court denied the petition on the basis that the statute requires a petitioner to file in the county of his or her residence, and plaintiff resides in Kansas. Kansas does not permit a change of gender on a birth certificate for plaintiff. We hold that this requirement impermissibly denies California-born transgender individuals who reside outside of California the same right…

2Cases cited17 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Shapiro v. ThompsonSupreme Court of the United States · 1969
  4. Paul v. VirginiaSupreme Court of the United States · 1869
  5. United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944

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3Cited by1 opinion

  1. Vergara v. State, California Court of Appeal, 5th District2016

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