Indiana Bureau of Motor Vehicles v. Fitz Simmons
Opinion
FILED Jul 17 2024, 9:10 am
CLERK Indiana Supreme Court Court of Appeals and Tax Court
IN THE
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.
July 17, 2024
Court of Appeals Case No. 23A-PL-899
Appeal from the Monroe Circuit Court
The Honorable Holly M. Harvey, Judge
Court of Appeals of Indiana | Opinion on Rehearing 23A-PL-899 | July 17, 2024 Page 1 of 3 Trial Court Cause No. 53C06-2106-PL-1347
Opinion by Senior Judge Shepard Judges Bradford and Felix concur.
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.
Bradford, J., and Felix, J., concur.
ATTORNEYS FOR APPELLANTS Theodore E. Rokita Attorney General of Indiana
James A. Barta Solicitor General of Indiana
Court of Appeals of Indiana | Opinion on Rehearing 23A-PL-899 | July 17, 2024 Page 2 of 3 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
Court of Appeals of Indiana | Opinion on Rehearing 23A-PL-899 | July 17, 2024 Page 3 of 3
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