City both passed legislation in 2014 to ease the process for changing sex on the birth certificate, eliminating the requirement for proof of surgery. Nevada eliminated the surgery requirement in November 2016. It requires an affidavit from the person making the change and an affidavit who can attest that the information is accurate. Colorado (February 2019) and New Mexico (November 2019) eliminated the surgery requirement and made the gender marker "X" available. Kansas began allowing changes to the gender marker in June 2019. The person must sign an affidavit. If they do not already have documentation (driver's license or passport) with their preferred gender marker, they must bring a letter from a doctor or psychotherapist affirming their gender, but they do not need proof of surgery. Regulations were set up under a signed executive order for the Kansas Department of Health by the Governor of Kansas. Virginia removed the requirement for surgery to change the gender marker in September 2020. Tennessee will not change the sex on a birth certificate under any circumstances. In December 2020, a federal judge invalidated an unconstitutional departmental rule banning sex changes on an individual's birth certificate within Ohio. In 2022, Oklahoma became the second state to ban legal gender marker change on birth certificates. This followed an executive order issued by the governor the previous year. Oklahoma Senate Bill 1100 also banned non-binary gender markers on birth certificates. During the same year, Montana also issued a rule that banned legal gender change on birth certificates. Cases The first case to consider legal gender change in the U.S. was Mtr. of Anonymous v. Weiner (1966), in which a transgender woman wished to change her name and sex on her birth certificate in New York City after having undergone sex reassignment surgery. The New York City Health Department denied the request. She took the case to court, but the court ruled that the New York City Health Code did not permit the request, which only permitted a change of sex on the birth certificate if an error was made recording it at birth. The decision of the court in Weiner was again affirmed in Mtr. of Hartin v. Dir. of Bur. of Recs. (1973) and Anonymous v. Mellon (1977). Despite this, there can be noted as time progressed an increasing support expressed in judgments by New York courts for permitting changes in birth certificates, even though