New York Plans To Offer 'X' Gender Option On Driver's Licenses

Written by on November 17, 2020

ALBANY, N.Y. (AP) — New York intends to supply driver’s licenses with a nonbinary gender id marker of “X,” nevertheless it may take greater than a yr earlier than Division of Motor Automobiles computer systems will be capable to robotically deal with the choice, state officers mentioned in court docket filings.

Officers made the disclosure in papers filed in a federal lawsuit introduced towards them by Sander Saba, who’s difficult the state coverage of limiting gender id on licenses to both “male” or “feminine.” Saba, a nonbinary transgender New York Metropolis resident, mentioned within the lawsuit filed by Lambda Authorized this summer time that the coverage is discriminatory.

The state not too long ago moved to dismiss the lawsuit towards Gov. Andrew Cuomo and the DMV commissioner as moot. State legal professionals argued in court docket papers that officers late final yr had begun planning to “allow New Yorkers to obtain a driver’s license that bears an ‘X’ gender identification marker by an automatic software course of.”

However first, the DMV wants to switch its laptop system so it may create inside license information with out a binary gender choice. The company expects that to occur within the fourth quarter of 2021, or later, Gregory Kline, the DMV’s deputy commissioner for administration, mentioned in court docket filings.

A Lambda lawyer on Tuesday welcomed the event, however mentioned New York wanted to do extra.

“Day-after-day that an individual is denied correct id paperwork is a day through which their rights are unconstitutionally disadvantaged, and through which they undergo hurt. We’ll proceed to prosecute our case on behalf of Mx. Saba so that each one nonbinary New Yorkers can have correct state identification that they want with out undue delay,” lawyer Carl Charles mentioned in a ready assertion.

A DMV spokesperson mentioned New York has ‎taken a lot of steps to guard and advance the civil rights of New Yorkers who’re transgender or gender nonconforming.

“The DMV understands the significance of this situation for therefore many New Yorkers however can not remark additional as this pertains to pending litigation,” Lisa Koumjian mentioned in an electronic mail.

New York Metropolis and New York state allow nonbinary individuals to acquire delivery certificates with an “X” gender marker. And greater than a dozen states provide “X” gender markers for driver’s licenses, in accordance with Lambda.

Saba already has two id paperwork with an “X” marker: a New York Metropolis delivery certificates and an earlier driver’s license from Pennsylvania. However Saba needed to alternate the Pennsylvania license for a New York license.

In arguing to dismiss the lawsuit, the state invited Saba to come back right into a DMV workplace and undergo a guide software course of that might lead to a license bearing an “X” marker. It was not clear if Saba supposed to take up the DMV on its provide.

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