Charlie Arrowood does not identify as male or female. So in January, when a new New York City law takes effect, they plan to modify the sex recorded on their birth certificate to one that fits: “X,” a gender-neutral option.
Mx. Arrowood, who is transgender, changed both their name and sex on the certificate last year. But putting “male” instead of “female” on the document did not feel quite right either.
(Charlie Arrowood uses the pronoun “they” and the courtesy title “Mx.,” a gender-neutral alternative to Ms. and Mr.)
Addressing the issue with an “X” on the birth certificate, however, creates another snag.
The New York State Department of Motor Vehicles offers only the options “M” and “F.” So do the federal agencies that administer passports and Social Security.
Yes, this can be very confusing.
“It doesn’t make sense,” Mx. Arrowood, a lawyer for the transgender advocacy nonprofit Transcend Legal, said last week. “You can’t keep accurate records if you don’t have an accurate representation of someone.”
As Americans’ views on gender shift, laws are changing across the country to give people more power to define themselves on the official documents that tell the world who and what they are — but only in some places, in some cases.
RESOURCES: NON-BINARY GENDER. INTERSEX.
Compiled by Intersex & Genderqueer Recognition Project
Gender identity and gender presentation are components of "sex" -- along with other components like sex chromosomes, genitals, internal reproductive organs, hormones, etc.-- It is gender identity that determines what a person's legal sex is.
The laws for non-binary gender markers are changing quickly, and have been granted to at least one person in each of the following 12 jurisdictions: AR, CA, CO, D.C., ME, MN, NJ, NYC, OH, OR, UT. and WA. This information last updated 10/20/2018. See Intersex Recognition for latest updates
Alabama
Gender change allowed on State ID to Male or Female only
Alaska
Gender change allowed on State ID to Male or Female only
Arizona
Non-binary ID and Death Certificate bills in the legislature (See HB-2492 and HB-2582)
Arkansas
Non-binary ID allowed (without the knowledge of the public) since 2010.
At least 2 people have been granted non-binary licenses in 10/2018
California
Non-binary court order gender changes have been granted since 9/26/2016
Non-binary birth certificate starting 1/1/2018 per SB-179
Non-binary court order gender changes starting 9/1/2018 per SB-179
Non-binary driver's license/ID available starting 1/1/2019 per SB-179
Gender-neutral bathrooms required under state law
Intersex recognition under state law since 1/1/2015 under AB-496
Resolution to stop Nonconsensual Cosmetic Surgery on Intersex Infants PASSED 8/31/2018 (SCR-110)
Colorado
First birth certificate listing "intersex" granted at the state level 9/19/2018
Connecticut
Gender change allowed on State ID to Male or Female only
IGRP coalition task force working on getting non-binary state ID and intersex protections
Deleware
Gender change allowed on State ID to Male or Female only
D.C.
Non-binary driver's license/ID available
Non-binary birth certificate granted to at least one person (single Birth Cert “unknown”)
Florida
Gender change allowed on State ID to Male or Female only
Georgia
Gender change allowed on State ID to Male or Female only
Hawaii
Gender change allowed on State ID to Male or Female only
Driver's License/Birth Certificate Resolution in Legislature - WITHDRAWN (HR208/HCR240)
Idaho
Gender change allowed on State ID to Male or Female only
Bill in the legislature to remove sex/gender from Voter Registration
Illinois
Gender change allowed on State ID to Male or Female only
Indiana
Gender change allowed on State ID to Male or Female only
HB-1242 to outlaw IGM, failed
Iowa
Gender change allowed on State ID to Male or Female only
Kansas
Gender change allowed on State Driver’s License to Male or Female only
Kansas specifically prohibits amending sex on a birth certificate
Kentucky
Gender change allowed on State ID to Male or Female only
Louisiana
Gender change allowed on State ID to Male or Female only
Maine
Non-binary Driver's License sticker available starting 6/11/2018
Stickers will be replaced with actual non-binary licenses starting 7/1/2019
Maryland
Non-binary driver's license/ID bill in the legislature - WITHDRAWN 3/17/2018
IGRP coalition task force working on getting non-binary state ID
Massachusetts
Non-binary driver's license/ID bill (S.2562) passed Senate 6/28/2018
IGRP coalition task force working on getting non-binary state ID
Michigan
Non-binary birth certificate granted to at least one person (2012 single Birth Cert “unknown”)
IGRP coalition task force working on getting non-binary state ID
Minnesota
Non-binary Drivers' License/ID available as of 1/10/2018 "Real ID" roll-out.
Mississippi
Gender change allowed on State ID to Male or Female only
Missouri
Gender change allowed on State ID to Male or Female only
Montana
Gender change allowed on State ID to Male or Female only
Nebraska
Gender change allowed on State ID to Male or Female only
Nevada
Gender change allowed on State ID to Male or Female only
SB-408 to outlaw IGM, failed
New Hampshire
Gender change allowed on State ID to Male or Female only
New Jersey
S478/A1718 PASSED 7/3/2018 allowing "undesignated/non-binary" marker on birth certificate
New Mexico
Gender change allowed on State ID to Male or Female only
New York
Int 954-A PASSED 9/12/2018 Non-binary "X" on New York City birth certificates (additional press)
12/29/2016 First Known Intersex birth certificate in the U.S. granted in New York City
IGRP coalition task force is working on getting non-binary New York state birth certificates
(note: New York City and New York State have separate departments handling birth certificates)
Non-binary driver's license/ID bill in the New York state legislature - A08524
North Carolina
No gender change allowed on state ID
North Dakota
Gender change allowed on State ID to Male or Female only
Ohio
Gender change allowed on State Driver's License to Male or Female only
No gender change allowed on a birth certificate, however a birth certificate gender change to "hermaphrodite" granted to an intersex person in 2012. See In re Ladrach, 513 N.E.2d 828 (Ohio Prob.,1987) stating "a `birth certificate' is an historical record of the facts as they existed at the time of birth."
Oklahoma
Gender change allowed on State ID to Male or Female only
No specific gender correction provision for birth certificates
Oregon
Non-binary court order gender changes have been granted since 6/16/2016 (first in the U.S.)
Non-binary driver's license/ID available since 7/1/2017
Non-binary birth certificate available since 1/1/2018 per HB-2673
Pennsylvania
Gender change allowed on State ID to Male or Female only
Rhode Island
Gender change allowed on State ID to Male or Female only
IGRP coalition task force working on getting non-binary state ID
South Carolina
Gender change allowed on State ID to Male or Female only
No specific gender correction provision for birth certificates
South Dakota
Gender change allowed on State ID to Male or Female only
No specific gender correction provision for birth certificates
Tennessee
Gender change allowed on State Driver’s License to Male or Female only
Tennessee specifically prohibits amending sex on a birth certificate
Texas
Gender change allowed on State ID to Male or Female only
No specific gender correction provision for birth certificates, and they are often denied
SB-1342 to outlaw IGM, failed
Utah
First non-binary State ID granted by court order on 9/26/2018.
Vermont
Non-binary driver's license/ID coming ... no later than July 2019.
Gender-neutral bathroom bill in the legislature (H.333)
Virginia
Gender change allowed on State ID to Male or Female only
Washington
Non-binary birth certificate available starting 1/27/2018 (via WAC 246-490-075)
West Virginia
Gender change allowed on State ID to Male or Female only
Wisconsin
Gender change allowed on State ID to Male or Female only
Wyoming
Gender change allowed on State ID to Male or Female only