Arkansas' elimination of 'X' for sex on driver's licenses spurs lawsuit

LITTLE ROCK, Ark. (AP) — Several transgender, intersex and nonbinary Arkansas residents sued the state of Arkansas on Tuesday over its decision to no longer allow “X” instead of male or female on state-issued driver’s licenses or identification cards.

The American Civil Liberties Union of Arkansas asked a Pulaski County judge to halt the state’s decision to reverse a practice that had been in place since 2010. The new emergency rule will also make it harder for a person to change their sex on the cards.

The state Department of Finance and Administration announced the change last month, and a legislative panel approved an emergency rule carrying it out. The lawsuit argues that the state did not follow the proper steps for implementing the rule, including a 30-day notice and public comment period.

“By forcing plaintiffs to adopt gender markers that do not cohere to their own identities, the rule imposes a dignitary harm — one they are forced to carry around with them and relive every time they use their identification,” the lawsuit reads. “The emergency rule causes plaintiffs to suffer the stress and anxiety inherent in being told by the state that a core element of their being is not worth recognizing.”