Seal the Records: Why Democratic States Must Protect Transgender Citizens From Federal Surveillance
The federal government is building a machine to find transgender Americans. States already have the legal tools to stop it.
The federal government has constructed a multi-agency apparatus designed to identify, track, and penalize transgender Americans through executive orders redefining sex on federal documents, passport cross-referencing, Department of Justice subpoenas demanding patient Social Security numbers, and FBI solicitations for public tips on healthcare providers. This op-ed argues that Democratic state governments possess both the legal authority and the moral obligation to seal all court records connected to legal name changes and birth certificate gender marker changes, and to issue new certified copies that show no indication any change occurred. The legal framework for this action is well established: adoption records have been sealed in every U.S. state since at least 1991, domestic violence name changes are sealed in at least 18 states, juvenile records are sealed in all 50 states, and the federal Witness Protection Program has issued new identities to more than 19,000 participants since 1971. The anti-commandeering doctrine, upheld in Printz v. United States (1997) and Murphy v. NCAA (2018), provides constitutional armor against federal demands for state-held records. California, Washington, New York, and Oregon have already enacted strong protections, but gaps remain across even the most progressive states. This article presents the case for thorough, immediate legislative action.
Author Note
Grace Ann Hansen is an independent researcher and writer based in South Dakota. Correspondence concerning this article should be addressed to Grace Ann Hansen at grace@graceannhansen.com.
