Arkansas Supreme Court justices reinstate rule eliminating 'X' option for sex on licenses and IDs

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The Arkansas Supreme Court on Monday reinstated an agency rule prohibiting residents from using 'X' instead of male or female on state-issued driver's licenses or identification cards.

Arkansas Lt. Gov. Tim Griffin is interviewed in his office at the Arkansas state Capitol in Little Rock, Ark., Jan. 16, 2015. Several transgender, intersex and nonbinary Arkansas residents sued the state on Tuesday over its decision to no longer …LITTLE ROCK, Ark. — The Arkansas Supreme Court on Monday reinstated an agency rule prohibiting residents from using “X” instead of male or female on state-issued driver’s licenses or identification cards.

The Arkansas Department of Finance and Administration said in March that it was rescinding a practice implemented in 2010 that officials say conflicted with state law and had not gone through proper legislative approval. A legislative panel approved an emergency rule implementing the new policy. “I applaud the Arkansas Supreme Court’s decision staying the circuit court’s unlawful order and allowing the Department of Finance and Administration to bring its identification rules into compliance with state law,” Attorney General Tim Griffin, a Republican, said in a statement.

“The only real emergency here is the one created by the state itself, imposing this rule on transgender, intersex, and nonbinary Arkansans,” Holly Dickson, executive director of the ACLU of Arkansas, said in a statement. “By removing the ‘X’ marker option, the state forces those who do not fit squarely into the gender binary to choose an inaccurate gender marker, resulting in potential confusion, distress, discrimination, physical harm, and a lack of proper identification.

 

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