Arkansas is being sued by transgender, intersex, and non-binary residents over a recent policy change that prevents people from being able to change the gender marker on their driver’s license and eliminates the option “X”, which signifies that the the license-holder is nonbinary.
Residents have been allowed to self-select the gender markers on their licenses since at least 2010, but a new policy changes that. In March, the Arkansas Department of Finance and Administration implemented an emergency rule that removed the “X” option and required that people provide an amended birth certificate to change the marker on their license. Amending a birth certificate requires a court order and proof of gender-affirming surgery, making it very difficult for many transgender people to obtain.
The suit was filed Tuesday in Pulaski County Circuit Court in Arkansas by the ACLU of Arkansas. The organization says that it wants to stop the enforcement of the new policy and have it overturned, as it does not follow administrative procedures and there is no emergency taking place, despite the fact the ruling is an emergency ruling by the Arkansas Department of Finance and Administration.
In a press release, the ACLU said that “this emergency rule was implemented without any documented justification or compliance with the procedural requirements of the Arkansas Administrative Procedures Act, which stipulates a 30-day public notice and comment period unless there is an ‘imminent peril to public health, safety, or welfare’ or a need to comply with federal law.”
The plaintiffs come from a variety of different identities and backgrounds. Brandyn Gallagher is intersex and nonbinary. They have a commercial driver’s license that says “X,” which they would have to change to either M or F.
JaVon Hansen is a transgender man whose license identifies him as female. Under the new rule, he would be unable to correct his gender on his license.
Similarly, Haley Nicole Prentice is a trans woman who has a license that says “M”; she is also unable to get her license corrected under the new rule.
The DFA defended itself to the TV station KARK. Arkansas Attorney General Tim Griffin shared that his office was reviewing the lawsuit and that they “look forward to defending the Department of Finance and Administration in court.”
DFA Secretary Jim Hudson told the station that “DFA issues licenses and IDs based on objective information… Our emergency rule was adopted by DFA and the General Assembly to ensure the safety of our citizens and the stakeholders who rely on the licenses and IDs we issue. DFA is implementing this policy in a manner that is respectful to all. We intend to vigorously defend this policy in court.”
The ACLU disagrees, saying that the would create more risks for trans, nonbinary, and intersex Arkansas residents, should the policy be allowed to continue.
“There is no ‘imminent peril’ created by recognizing and respecting a person’s affirmed gender identity, yet the DFA’s emergency rule has precipitated a true crisis for affected Arkansans,” said ACLU of Arkansas Executive Director Holly Dickson. “This rule is not safeguarding Arkansans; it’s compromising their safety, their mental health, and their ability to participate fully in society.”
