Starting immediately, an applicant for a U.S. passport can simply check "M" or "F" as their gender — without needing to provide medical certification if that gender doesn't match their other documents. And soon, applicants will have the option to select a gender option that isn't male or female, the State Department said Wednesday.
Secretary of State Antony Blinken announced the changes as "further steps toward ensuring the fair treatment of LGBTQI+ U.S. citizens, regardless of their gender or sex." They will also fulfill a Biden campaign promise.
It will take some time to create a third gender option on passports, the State Department warned. People cannot yet apply for a passport with a nonbinary, intersex or gender-nonconforming gender marker.
"The process of adding a gender marker for non-binary, intersex, and gender non-conforming persons to these documents is technologically complex and will take time for extensive systems updates," said Blinken.
The Department said it will work closely with its interagency partners to make sure the travel experience is as smooth as possible for the passport holder. Blinken said the U.S. consulted with " like-minded governments" that had undertaken similar changes.
LGBTQ rights organization Lambda Legal expressed disappointment at the lack of a firm date for the new gender marker, but said it was nonetheless a victory for its client, Dana Zzyym, who has been fighting for years for additional gender markers on U.S. passports.
The ACLU has also pushed for the Biden administration to issue transgender, intersex and nonbinary people accurate federal IDs.
Zzyym is intersex and nonbinary, and the application for a U.S. passport requires the applicant select either "male" or "female." While some intersex people identify as male or female, Zzyym does not.
Zzyym has a driver's license in Colorado, where they live, with 'X' listed as their gender. But getting a passport with their accurate gender — neither male nor female — has been impossible.
In the lawsuit, Lambda Legal argues that the State Department is violating Zzyym's constitutional rights by denying them a passport that accurately reflects their gender.
In an interview with NPR, Zzyym called the State Department's moves a welcome relief.
"It's great news for all intersex and nonbinary people, because it basically says that we can get our passports," Zzyym said. "We don't have to lie to get our passports. We can just be ourselves."
The changes will be a great thing for them — and for a lot of people, Zzyym said. "They can move forward in their lives. They don't have to explain things to people. And they can say, 'Hey, I do exist as intersex, or as nonbinary.' They shouldn't have to explain."
Zzyym's court case is ongoing. But Wednesday's news wouldn't have happened without the efforts of a lot of activists, they said: "It's been a long time coming."
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