In Re Application for Correction of Birth Record of Hailey Emmeline Adelaide

Court was unable to form a majority on the merits, which had the effect of leaving undisturbed lower court rulings denying a transgender woman’s request to change the sex marker on her birth certificate. The justices divided 4–3 in favor of finding that the court had jurisdiction to decide the appeal, despite a lack of an opposing party. But the four in favor of reaching the merits (Jennifer Brunner, Patrick F. Fischer, Michael P. Donnelly, Melody J. Stewart) could not reach a consensus on the outcome. Fischer, Donnelly, and Stewart agreed with the lower courts that the state law governing birth certificate corrections only allows changes when the sex identified at birth was recorded inaccurately. Brunner rejected that statutory interpretation.