Two transgender people have sued the Pennsylvania Division of Vital Records and Department of Health over a policy that denies gender assignment changes on birth certificates unless the person has undergone gender confirmation surgery. The case provides at least a ­second shot in Pennsylvania to challenge the Americans With Disabilities Act’s nearly 30-year ban on its protections covering the transgender community.

In the case of Doe v. Romberger, Pennsylvania citizens Jane Doe and John Doe alleged the state’s policy violates their equal protection rights under the U.S. Constitution and the ADA.

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