Trans and non-binary New Yorkers will now be able to apply for gender-neutral IDs as a result of policy changes that went into effect last week.
On May 27, New York Gov. Kathy Hochul announced that state residents would now be able to apply for an “X” gender marker to be listed on their driver’s licence or state ID. She said in a prepared statement that the “historic change” represents another milestone in the “fight to help ensure equality and respect for the LGBTQ+ community.”
“Every person, regardless of their gender identity or expression, deserves to have an identity document that reflects who they are,” Hochul said.
The policy updates go into effect immediately. As of July, New York will allow anyone who wishes to have the gender marker on their ID corrected to apply to do so online, and those options are currently available through in-person applications.
Individuals who do not wish to have a “M” or “F” printed on their documentation will also be able to apply for gender-neutral marriage certificates and birth records. Schools, government offices and private entities will also be required to update an individual’s name or gender marker upon request, or else face a human rights complaint.
The comprehensive reforms are the result of the passage of the Gender Recognition Act (GRA) that was signed into law by then New York Gov. Andrew Cuomo last July. The state had previously faced a lawsuit filed by the LGBTQ2S+ group Lambda Legal on behalf of Sander Saba, a non-binary New Yorker who had been denied an “X” marker on their identification. Advocates claimed the denial violated Saba’s constitutional rights.
Carl Charles, a senior attorney for Lambda Legal, said in a statement that expanding ID options for trans and non-binary New Yorkers is a “significant step forward.”
“Thanks to Lambda Legal’s work on behalf of Mx. Sander Saba, and the enactment of the Gender Recognition Act, the State of New York has finally turned the page on a discriminatory, outdated policy,” Charles said. “Non-binary, transgender and gender nonconforming New Yorkers now have access to accurate, state-issued identity documents that are critical to day-to-day life in New York.”
The announcement makes New York one of at least 16 U.S. states that allows trans people to apply for “X” markers on both state IDs and birth certificates, according to the LGBTQ2S+ think tank Movement Advancement Project. Others include Colorado, Connecticut, Maine, Michigan, Nevada, New Mexico and Washington.
The GRA also included several other reforms intended to ease the name and gender-change process for trans and non-binary New Yorkers. Applicants who update their gender marker or name will no longer be obligated to publicize the change in a local newspaper within 60 days, a requirement that had long been criticized as publicly outing trans and non-binary people.
Additional changes include waiving demands that trans and non-binary people provide doctor’s notes attesting to their gender identity in order to receive a name and gender marker change and allowing individuals to list themselves as a “parent” on a child’s birth certificate.
After helping to fight for these policy changes, Saba expressed hope that the state would do what it takes to make sure it continues to meet the needs of trans and non-binary residents.
“It’s my sincere hope that, as we move ahead, other transgender and non-binary New Yorkers will be able to live their lives with the respect and dignity they deserve in every facet of their lives, aided by accurate state-issued identification,” they said in a press release. “Every person should be able to access identity documents that reflect who they truly are without having to validate their personhood in court.”
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