Hollister

ORS 33.460 provides a legal "change of sex” is appropriate when an applicant can “attest” that they have received “treatment” that is fitting “for the purpose of affirming gender identity.”

Petitioner appealed the judgment from the circuit court which denied petitioner’s application for a legal change of sex to nonbinary under ORS 33.460. The circuit court reasoned that ORS 33.460 contemplates change of sex rather than change of gender therefore only female and male are options under the statute. Petitioner argued that the exclusive use of male or female forced Petitioner to give false answers when truthful answers are required in such paperwork. ORS 33.460 provides a legal "change of sex” is appropriate when an applicant can “attest” that they have received “treatment” that is fitting “for the purpose of affirming gender identity.” The Court held that within ORS 33.460, legal change of sex may include male, female, or nonbinary. The Court reasoned that because gender identity is well understood to encompass nonbinary, the statute’s language “for the purpose of affirming gender identity” provides that someone wanting a legal change of sex for gender identity affirmation would not only consider male or female. Further, because ORS 33.460 was amended to strike the “surgical procedure” requirement, the legislative intent evidenced an understanding of nonbinary as a possibility. Reversed and remanded.