© 2019 Intersex & Genderqueer Recognition Project

Intersex & Genderqueer Recognition Project  is fiscally sponsored by Social Good Fund, a 501(c)3 tax-exempt organization.

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RESOURCES: NON-BINARY GENDER. INTERSEX.

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.

STATE LAWS

 

NOTE:

The laws for non-binary gender markers are changing quickly, and are or will soon be available on some form of ID or have been granted to at least one person under court order in each of the following 21 jurisdictions: Arkansas, California, Colorado, Connecticut, Hawaii, Indiana, Maine, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, Ohio, Oregon, Rhode Island, Utah, Vermont, Washington, New York City, and District of Columbia.

This information last updated 10/14/2019. 

Alabama

Gender change allowed on State ID to Male or Female only

Alaska

Gender change allowed on State ID to Male or Female only​

Delaware

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

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

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

Nonbinary ID Bills HB 421 & SB 196 Passed with veto-proof majorities.

Nonbinary Driver's licenses will be available starting 10/1/2019.

Massachusetts

Non-binary driver's license/ID  & Birth Certificate bill (H.3664/S.2203) Hearing 9/10/2019

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

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​

New York

1/9/2019 bill S56 Gender Recognition Act to add Nonbinary to State ID in New York State Senate

2019 Bill S46 allowing "father," "mother," or "parent" on a child's birth certificate in NY state legislature

2019 new Non-binary ID/Birth Cert bill headed to the New York State Assembly

2019 A-109 Requiring Gender Neutral Bathrooms in NY State Legislature

9/12/2018 2018/163 to add "X" to New York City birth certificates - see News and News on 2018/163

2017-2018 bills A10260 and  A0824 stalled in Assembly  - see News on A0852

12/29/2016 First Known Intersex birth certificate in the U.S. granted in New York City

New York City municipal ID has a non-binary option.

(note: New York City and New York State have separate departments handling birth certificates)

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​

Pennsylvania

Gender change allowed on State ID to Male or Female only​

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

Virginia

Gender change allowed on State ID to Male or Female only

Washington

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

** Additional Information **

Movement Advancement Project has a good overview of state law in Map form, including non-binary gender markers. See http://www.lgbtmap.org/equality-maps/identity_document_laws

 

IGRP Regional Teams are working throughout the US to win non-binary and intersex rights. We could use your help in gathering resources and lobbying. Please sign up to volunteer with us and note that you want to join your regional team:

  • New England/New York region (ME, VT, NH, NY, MA, RI, CT)​ - Regional Leader Shain Neumyer

  • MidAtlantic region (NJ, PA, DE, MD, D.C., VA, WV) - Regional Leaders Steph Nagoski & C.P. Hoffman 

  • Great Lakes region (IL, IN, MI, MN, OH, WI) - Regional Leader Ariel Gaines

  • SouthEast region (FL, GA, NC, SC, AL, KY, MS, TN)

  • MidWest region (MO, IA, ND, SD, NE, KA)

  • SouthCentral region (AR, LA, OK, TX)

  • Mountain region (MT, ID, NV, WY, UT, CO, AZ, NM)

  • West Coast region (HI, AK, WA, OR, CA) - Regional Leader Violette Skye

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FEDERAL LAWS

 

The Real ID Act

The Real ID Act of 2005 is an Act of Congress that modifies U.S. federal law for state driver's licenses and identity documents. The law sets forth requirements for ID to be accepted by the federal government for "official purposes" including boarding commercial airplanes and entering federal buildings. The Real ID Act mandates gender markers on state IDs:

SEC. 202. (b) Minimum Document Requirements.--To meet the requirements of this section, a State shall include ... (3) The person's gender. (The act does NOT specify which gender markers are allowed.)

Removing gender markers entirely would be the preferred option for many. As long as a gender marker is required we will fight for the right for nonbinary people to be able to get accurate gender markers in all states.

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FREQUENTLY ASKED QUESTIONS

 

Gender Neutral Designations on IDs

 

HOW CAN I CHANGE MY GENDER MARKER?

  • California-only instructions below.

  • NCTE has excellent instructions on name and gender changes in the 50 states (not specific to non-binary). See https://transequality.org/documents and select your state.

WHY ARE GENDER-NEUTRAL MARKERS IMPORTANT?

  • A gender-neutral marker allows people whose gender is not male or female to display a more accurate gender marker on their IDs and records.

  • A gender-neutral ID allows people of any sex or gender to have increased privacy around gender.

 

WHAT MARKER SHOULD BE USED?

  • X has emerged as the standard gender-neutral designation on state IDs and records, and is available in many states on driver’s licenses and/or birth certificates. (See State Laws, above, for up-to-date information).

  • An X gender marker is consistent with sex designation standards for internationally recognized IDs and passports as set by the International Civil Aviation Association.

 

WHAT DOES THE “X” DESIGNATION STAND FOR?

  • There are many different terms that people use to describe their gender, therefore no one term should be used to define X.  X may indicate any gender other than male or female or undesignated sex or gender.

  • A broad definition of X moves us closer to a world where the government does not define or track sex or gender, rather than simply adding another gender category.

 

SHOULD GENDER DESIGNATION CHANGES REQUIRE A PROVIDER SIGNATURE?

  • A person’s own report of their gender is the most accurate means of ascertaining the appropriate sex designation for their documents.

  • Removing the need for a medical provider to confirm a person’s gender alleviates unnecessary, invasive, and expensive burdens to accessing accurate IDs.

 

IS A GENDER-NEUTRAL MARKER ALLOWS UNDER THE "REAL ID" ACT?

  • Yes. The REAL ID Act requires states to list a gender on licenses, but the Department of Homeland Security explicitly states that they “leave the determination of gender up to the States […].”

 

WHAT IF SOMEONE’S GENDER-NEUTRAL ID DOES NOT MATCH OTHER FORMS OF ID?

  • While gender-neutral IDs and gender marker discrepancies may cause confusion when interacting with officials, legally speaking, it is not an issue to have records with different gender markers, and already occurs with frequency due to inconsistency of gender change policies across the country.

 

WHAT ABOUT TRAVELING THROUGH AIRPORTS AND TSA REQUIREMENTS?

  • Gender markers are not one of the data points that TSA agents are instructed to match to the ticket record at security checkpoints (they typically match the legal name and date of birth), thus an ID with an X marker is compliant and not a problem when passing through security.

 

WHERE ARE PEOPLE WITH GENDER NEUTRAL MARKERS PLACED IN GENDER-SPECIFIC FACILITIES?

  • Transgender people, including non-binary people, have the right to have equal access to gender-specific facilities according to their gender identity, regardless of the gender marker on their ID. Non-binary people should be able to determine what facilities are most consistent with their gender and their needs.

 

DOES A GENDER MARKER CHANGE AFFECT SOMEONE’S LEGAL RIGHTS AND PROTECTIONS?

  • No. Legal protection of gender is based on a person’s gender identity, as expressed by them, and apply equally regardless of the gender that is listed on someone’s license or ID. Having an appropriate designation simply helps ensure that the person is respected in accordance with their gender.

(The following is not legal advice. Please see a lawyer for legal advice.)
 
CALIFORNIA NON-BINARY GENDER CHANGE - BIRTH CERTIFICATE 
The instructions at https://www.cdph.ca.gov/Programs/CHSI/CDPH%20Document%20Library/ADA_Affidavit%20to%20Amend%20Birth%20(01-18).pdf
were updated Jan 1, 2018 but it has no assistance with nonbinary sex marker.
CA DPH will issue a nonbinary birth certificate. No provider attestation is required. To apply, submit:
  • VS 24 Affidavit to Amend a Record. Click here to see a sample VS24 form to amend a CA birth certificate with a name change and nonbinary gender. You can edit and "save as" in Adobe Reader to make this form your own.
  • You do NOT need a second person’s signature on VS 24, even though the instructions say it is required.
  • If updating your name, a certified copy of your legal name change order from the court.  
  • If updating your gender marker, one of the following:
    • A certified copy of a court order that changes your legal sex; OR
    • An Affidavit attesting, under penalty of perjury, that the request for a change of sex is to match the sex specified on your birth certificate to your sex
 
CALIFORNIA NON-BINARY GENDER CHANGE - DRIVERS' LICENSE / STATE ID 
After 1/1/2019 you can update your drivers' license: https://www.dmv.ca.gov/portal/dmv/detail/dl/gender_id
 
CALIFORNIA NON-BINARY GENDER CHANGE - COURT ORDER 
In CA and some other states, you can get a court order to change your gender. This is not necessary in order to change your CA drivers' license or birth certificate, but may be required to change other documents including a birth certificate in another state. Ask an attorney or email Info@IntersexRecognition.org to identify which forms to file for your situation.

New forms are available as of 9/1/2018 for Non-binary marker and other updates to Name and Gender Change law. 
NC-125/NC-225 OSC Change of Name to Conform to Gender is new
NC-100 Petition for Change of Name and NC-110 Attachment have been updated
NC-130 Decree Changing Name and NC-130G Decree Changing Name of Minor are also updated
NC-150 Notice of Hearing on Petition is new
The following all have "nonbinary" gender option now:
NC-200 Petition for Change of Name, Recognition of Change of Gender...
NC-230 Decree Changing Name and Order Recognizing Change of Gender...
NC-300 Petition for Recognition of Change of Gender...
NC-330 Order Recognizing Change of Gender...
The following are also new. Process for Minors changing gender changed significantly under SB-179:
NC-500 Petition for Recognition of Minor's Change of Gender...
NC-520 OSC for Recognition of Minor's Change of Gender...
Other forms may be required for your particular case and can be found HERE.
 
Provide clerk with original and 2 copies of each document. If you have already changed your Name before, provide decree from prior name changes. If you have already changed your Gender before (MtF or FtM), provide decree from prior gender changes.
Since SB-179 went into effect for court orders you will not need a doctor's letter.
No publication is required for name changes related to a gender change, even if the only thing you are changing is your name.
 
If you are coaching people to do this themselves, tell them to always bring at least original and 2 copies of each document. The clerk will stamp them as filed, keep the originals, and return the copies to the petitioner. The documents should all be 2 hole punched at the top, and - depending on the county - not stapled (some scan them.) Also warn people that EVERY county is different. 
•    Some have extra forms to fill out (Santa Clara requires a CLETs form, for instance). 
•    Some require additional documents (San Mateo requires a copy of your driver's license and passport, for instance).
•    Some have you file name/gender changes in Civil Court, some in Family Court, and one that I know of (Santa Clara) in Probate court.
•    Some will tell you your hearing date or date your decree will be available right away, some (like San Mateo) 
require a self addressed stamped envelope to send you the date later.
It is also completely different paperwork: 
•    if you are a minor (
petition is filed by parent/guardian and additional forms needed)
•    if you are having just a name or just a gender or a name and gender change
•    if you've already had a name change or a prior gender change
•    if you qualify for a fee waiver file form FW-001, otherwise the filing fee is $435 ($450 in SF & LA) 
You cannot, as a non-lawyer, give legal advice. It is illegal for you to do so. If you are helping out at a trans legal clinic, defer to the attorney. If there is no attorney, be careful about what advice you give. Name/gender changes are both very easy (once you know what forms to use) and very complicated (due to the variations noted above). If they have any issues feel free to refer them to IGRP by emailing Info@IntersexRecognition.org.