Last month the Arkansas Supreme Court formally dismissed a lawsuit over Arkansas’ decision to limit gender markers on driver’s licenses to “male” and “female.”
The decision came at a time when many voters and pundits were focused on the election, so many people may not be aware of it.
Last spring the ACLU filed a lawsuit challenging the Department of Finance and Administration’s new rule that state-issued driver’s licenses and photo IDs list “male” or “female” as stated on the ID-holder’s birth certificate.
Arkansas’ new policy prevents ID-holders from changing the gender on their ID without documentation. It also eliminates the option of listing an “X” in place of “male” or “female.”
The ACLU argued the state made the change abruptly without following the normal rulemaking process. However, the Arkansas Supreme Court disagreed, and formally dismissed the lawsuit on October 16.
Arkansas law makes it possible to change a birth certificate — including the sex listed on a birth certificate, if the person’s name legally has been changed and the person has undergone a surgical sex-change procedure. Practically speaking, Arkansas’ driver’s license policy just ensures people follow the process outlined in state law if they want to change the gender listed on a driver’s license. There is nothing unreasonable about that.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
