A group of transgender, intersex and nonbinary Arkansas residents has filed a lawsuit against the state over its decision to no longer allow the option of “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 block the state’s decision, which was made through an emergency rule implemented by the Department of Finance and Administration. The lawsuit argues that the state did not follow the proper steps for implementing the rule, including a 30-day notice and public comment period. The plaintiffs claim that being forced to adopt gender markers that do not align with their identities causes them emotional distress and undermines their dignity.
Attorney General Tim Griffin has stated that his office is reviewing the lawsuit and looks forward to defending the Department of Finance and Administration in court. Jim Hudson, the department’s secretary, has emphasized that the emergency rule was adopted to ensure the safety of citizens and stakeholders who rely on state-issued licenses and IDs. The department plans to vigorously defend the rule in court and implement the policy in a manner that is respectful to all individuals affected by the change. The lawsuit also argues that the new rule for IDs and driver’s licenses will create inconsistencies with the plaintiffs’ other documents, potentially causing confusion and complications for those affected.
The plaintiffs in the lawsuit include individuals who identify as nonbinary and will now face discrepancies between their Colorado birth certificate, which allows for an “X” designation, and their Arkansas driver’s license, which will list them as female. At least 22 states and the District of Columbia currently allow for an “X” option on licenses and IDs, highlighting the growing recognition of gender diversity in official documentation. The Department of Finance and Administration has stated that previously issued licenses and IDs with the “X” designation will remain valid until their existing expiration dates, but the emergency rule will make it more difficult for transgender individuals to change the sex listed on their licenses and IDs going forward.
The Department of Finance and Administration has defended the new rule by stating that the previous practice of allowing an “X” designation was not supported by state law and had not undergone the required public comment process and legislative review. By requiring a court order to change the sex listed on a birth certificate before updating licenses and IDs, the state aims to establish a more stringent and consistent process for gender designation changes. However, the plaintiffs argue that this change will impose unnecessary barriers and challenges for transgender individuals seeking to align their official identification with their gender identity. The outcome of the lawsuit will ultimately determine whether Arkansas residents will be able to exercise their right to self-identify their gender on state-issued documents.
