Emani Love v. Ruth Johnson

Emani Love was one of a handful of transgender individuals (collectively, the group) (plaintiffs) residing in the state of Michigan. The Michigan secretary of state had a policy whereby the sex status on state-issued forms of identification (IDs) could only be changed if an individual provided an amended birth certificate reflecting the sex change. Under the policy, nothing else was accepted, including passports issued by the United States Department of State, which, like many other states, had laxer requirements, accepting a note from a medical doctor as sufficient. Michigan’s requirement, according to the group, made it burdensome, and in some cases impossible, to obtain a change, because Michigan law permitted amendments to birth certificates only if a sex-reassignment surgery took place. The group sued Ruth Johnson (defendant), the Michigan secretary of state, contending that the policy violated their right of privacy under the Due Process Clause of the Fourteenth Amendment. The group presented evidence consisting of statistics and their own personal experiences in support of their claim that, in being prevented from obtaining IDs that reflected their true gender identity, they were being forced to reveal information, namely their status as transgender individuals, that placed them at serious risk of harm. Michigan filed a motion for summary judgment, contending that the group failed to raise any cognizable constitutional claims.