Indiana Bureau of Motor Vehicles and Joseph B. Hoage, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles, Appellants-Defendants, v. Fitz Simmons, A.G., S.D., C.O., K.W., W.A., B.W., K.H., S.R., J.T., K.O., S.O., and J.L., Appellees-Plaintiffs. (2024)

Court of Appeals of Indiana.

Indiana Bureau of Motor Vehicles and Joseph B. Hoage, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles, Appellants-Defendants, v. Fitz Simmons, A.G., S.D., C.O., K.W., W.A., B.W., K.H., S.R., J.T., K.O., S.O., and J.L., Appellees-Plaintiffs.

Court of Appeals Case No. 23A-PL-899

Decided: July 17, 2024

Attorneys for Appellants, Theodore E. Rokita, Attorney General of Indiana, James A. Barta, Solicitor General of Indiana, Jenna M. Lorence, Deputy Solicitor General, Katelyn E. Doering, Deputy Attorney General, Indianapolis, Indiana Attorneys for Appellees, Megan Stuart, Jon Laramore, Indiana Legal Services, Inc., Indianapolis, Indiana, Brent A. Auberry, David A. Suess, Faegre Drinker Biddle & Reath, LLP, Indianapolis, Indiana

Shepard, Senior Judge.

[1] The Appellees petition for rehearing of our decision in Indiana Bureau of Motor Vehicles v. Simmons, 233 N.E.3d 1016 (Ind. Ct. App. 2024). Contending that the Court's use of the phrase “biological division of being either female or male” has no support in usage or law and will be used to harm transgender individuals, the Appellees request the Court to remove the phrase from its opinion.

[2] Upon due consideration, we grant rehearing and modify our opinion by striking the word “biological” in the first sentence of paragraph 33. We reaffirm our original decision in all other respects.

Opinion by Senior Judge Shepard

Judges Bradford and Felix concur. Bradford, J., and Felix, J., concur.

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