New York State Assembly Approves a Non-Binary Gender Option on Driver's License

O'Donnell has served in the position since 2002, and was the first openly gay man elected to the New York Assembly. (AP Photo/Hans Pennink via Patch) Photo Source: O'Donnell has served in the position since 2002, and was the first openly gay man elected to the New York Assembly. (AP Photo/Hans Pennink via Patch)

The New York State Assembly has approved a critical bill titled the Gender Recognition Act. If approved by the governor, under this act, New York state residents who apply for a driver's license or renewal will now be able to select their “sex designation of M, F, or X as certified by the applicant, with no additional documentation required.” This bill also gives applicants the ability to “amend the sex designation of their identification card upon request.” When petitioning the courts for this change, an applicant will not need to provide medical evidence of their identified gender.

The bill gives adults the ability to petition the courts but will also extend this right to minors as well. Minors who would like to make amendments to their gender identity can do so through the petition of a parent or guardian. Minors who chose to change their sex designation in order to have it match their gender identity may do so, so long as their intention is not “for any fraudulent purpose.” In making this change, individuals will also be allowed to have a new birth certificate that reflects their chosen sex. If a minor wants their legal name to be changed, they may also do that as well. In addition, parents will also have the choice of being labeled as “Mother,” “Father,” or “Parent” on a birth certificate.

Another element of the bill will get rid of a previous requirement that legal name changes are published in newspapers.

Passed during Pride Month, this legislation serves as a step forward for many marginalized individuals who feel they do not fall under the gender binary. Many proponents argue that allowing individuals to mark “X” on official documents such as a driver’s license only helps to protect individuals, including transgender people, who might often be targets of discrimination.

The bill’s sponsor, Assemblymember Daniel O’Donnell, explained his approval and support for the bill. He shared, "Today is a proud day for New York State, as we secure our standing as a leader in LGBTQ rights and ensure that transgender, nonbinary, and intersex New Yorkers have the equality and dignity they deserve" O'Donnell adds, "No one should face overwhelming financial, medical, and bureaucratic barriers simply to have their existence officially recognized."

Currently, 24 other states allow individuals to mark a gender-neutral “X” option on some type of official document.

According to the Pew Research Center, Americans appear to accept the push toward collective acceptance and recognition of these marginalized groups. As indicated by their research, four in ten Americans, roughly 42%, say that there should be a non-binary gender option for individuals to select when they are asked about their gender. While about 60% of Democrats support this choice, 21% of Republicans do as well.

Unsurprisingly, younger Americans are more likely to support legislation like this than older generations. For some, this is indicative of the gender divide that exists when it comes to the recognition and acceptance of members of the LGBTQ community. Americans aged 18 to 29 offer the most support with 53% saying that official forms should offer a gender-neutral option. Only 43% of Americans aged 30 to 49 believe the same. The numbers dwindle to 33% and 35% respectively to groups aged 50 to 64 and 65 and older.

The bill which passed the state senate did so with overwhelming support. 113 votes were in favor of the measure while 36 opposed it. As the bill moves to Governor Andrew Cuomo, it is unsure if it will be approved or not.

Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.
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