X: a Non-Binary Gender Option on Passports
On Oct. 27, the United States Department of State (DOS) issued its first passport with an “X” gender marker, acknowledging those who do not identify as male or female. The recipient was Dana Zzyym, an intersex military veteran. Zzyym was born with ambiguous physical and sexual characteristics, but they were raised as a boy and had several surgeries that failed to make them appear fully male, according to court filings (Associated Press). While Zzyym’s original birth certificate identified them as a male, they opted to have their driver’s license list them as female. Additionally, Zzyym served in the Navy as a male but later came to identify as intersex while working and studying at Colorado State University.
Zzymm originally requested for a passport with a gender “X” option in 2015, but was rejected by the DOS (Associated Press). In response to this, Lambda Legal, a national civil rights organization, filed a lawsuit against the DOS in the U.S. Federal Court for the District of Colorado on Zzyym’s behalf. The court ruled in favor of Zzyym in 2016, but the DOS continued to refuse recognition of a gender marker that is neither ‘M’ (male) nor ‘F’ (female) on passports (New York Times). However, since assuming office, President Biden has conducted several executive actions through the DOS to protect human rights, such as the recent addition of a non-binary marker for Zzyym’s passport. The DOS will expand the gender neutral option to all applicants next year (New York Times). After hearing about Zzyym’s struggle and success, sophomore Natalia Salazar, who identifies as gender nonconforming, felt optimistic about the idea of gender “X” being an option on passports.
“I would like to get the [gender “X”] mark on my passport, [as] I would feel much more comfortable without needing the label of female or male,” Salazar said. “I feel that the option of Gender “X” on U.S. passports gives [the gender-fluid community] a chance to be recognized and respected.”
The previous policy for changing a gender marker on a passport required medical certification, which was an option available only to those who had transitioned from one gender to another. Now, applicants will be able to self-select their gender as male, female or “X” regardless of their medical history (Associated Press). As far as medical records are concerned, sophomore Jiselle Nguyen, who identifies as non-binary, feels that they would rather have the opportunity to mark a gender option on their passport than having their passport being marked for them.
“I think that self-selecting gender options are much better,” Nguyen said. “It is about preference, so if [the passport] gets marked for you, it can be damaging to your mental health if [the gender selected through medical records] is not what you would prefer.”
The U.S.’s decision comes after several other countries–including Argentina, Canada and India–have adopted similar policies. In addition to passports, 21 U.S. states and the District of Columbia allow an “X” gender designation on driver’s licenses. Each state has a different set of laws that regulate how someone can request a gender marker change on a driver’s license, and 22 states allow people to decide what gender markers are appropriate for theirs; this is the policy that the DOS will use (National Broadcasting Company). Regarding the U.S.’s decision to join other nations in providing gender “X” as an option on passports, sophomore Lia Osipyan feels content about how it would affect the non-binary community.
“I think that the U.S. joined the other nations in this decision a little late, but I am glad that they [eventually] made it,” Osipyan said. “I hope that making gender ‘X’ an option on passports will further solidify the LGBTQ+ community and their struggles to be correctly represented in society.”
