Justice Charles J. Markey
In an issue of first impression in New York, the court was asked to officially declare the gender of a petitioner who underwent gender reassignment surgery from female to male, and to change an out-of-state birth certificate. Petitioner was born in California and the Department of Public Health in California allegedly issued an amendment of petitioner’s birth certificate to reflect a court-ordered name change. Petitioner claimed an intention to submit a copy of the order he sought from this court reflecting a change, and to be known as a male, to California to obtain an amended birth certificate changing the gender there. The court noted, however, petitioner did not seek any relief from the named respondent, conceding the New York Department of Health could not change birth certificates issued in another state. It noted the agency had no role to serve in reviewing or evaluating the gender change of a person born in California. The court also ruled it lacked a basis to entertain petitioner’s request for an order recognizing his gender reassignment surgery and declaring him to be a male as an ex parte application, noting the prosecution of the matter in the form of a special proceeding was not authorized.
