Arkansas’ elimination of ‘X’ for sex on driver’s licenses spurs lawsuit

LITTLE ROCK, Ark. — Several transgender, intersex and non-binary Arkansas residents sued the state of Arkansas on Tuesday over its decision to no longer allow “X” instead of male or female on state-issued driver’s licenses or identification cards.

The American Civil Liberties Union of Arkansas has asked a Pulaski County judge to halt the state’s decision to overturn a practice that had existed since 2010. The new emergency rule will also make it more difficult for someone to change gender in advance.

The state Department of Finance and Administration announced the change last month, and a legislative panel approved an emergency rule to implement it. The lawsuit alleges that the state failed to follow proper steps for implementing the rule, including a 30-day notice period and a public comment period.

“By forcing claimants to adopt gender markers that do not reflect their own identity, the rule imposes harm on dignitaries – a harm they are forced to carry with them and relive every time they use their identification,” the statement reads. court case. “The emergency rule causes claimants to suffer the stress and anxiety inherent in being told by the state that a core element of their being is not worth recognizing.”

Attorney General Tim Griffin said his office was reviewing the lawsuit and looked forward to defending the DFA in court. Jim Hudson, the department’s secretary, said it planned to defend the rule “vigorously” in court.

“Our emergency rule was adopted by DFA and the General Assembly to ensure the safety of our citizens and the stakeholders who rely on the permits and IDs we issue,” Hudson said in a statement. “DFA implements this policy in a manner that is respectful to everyone.”

The lawsuit also states that the new rule for IDs and driver’s licenses will create inconsistencies with the plaintiffs’ other documents. One of the plaintiffs, who is non-binary, will have a Colorado birth certificate with an “X” but will be listed as female on their Arkansas license.

At least 22 states and the District of Columbia allow “X” as an option on licenses and IDs. All previously issued Arkansas licenses and IDs bearing the designation will remain valid through their existing expiration dates, the Department of Finance and Administration said last month. Arkansas has more than 2.6 million active driver’s licenses, 342 of which list the person’s gender as “X.” The state has about 503,000 IDs, 174 of which have the designation.

The emergency rule will also make it more difficult for transgender people to change the gender listed on their driver’s license and ID, which they could have done by submitting an amended birth certificate. The rule requires a court order to change the gender listed on a birth certificate.

The DFA has said the previous practice was not supported by state law and had not gone through the required public comment process and legislative review.