New York to introduce non-binary gender option on driver's licenses

The state claims a lawsuit suing it for not including nonbinary gender options is moot and should be rejected by the courts

New York plans to offer drivers the option to list their gender as 'X' on driver's licenses, though it will take at least a year before the idea can be implemented.  

According to the Associated Press, the state revealed its intentions in a court document relating to a lawsuit challenging the state's policy of offering a binary gender choice on licenses.  

The lawsuit was brought against the state by Sander Saba, a nonbinary transgender resident of New York City. Saba claimed the policy is discriminatory in the lawsuit.  

New York is attempting to have the lawsuit thrown out, alleging its point is moot as a result of the upcoming changes to the state's licenses.  

However, the state says it will take a year or more before it can modify its computer systems to offer licenses with a nonbinary gender option. The state's Department of Motor Vehicles said the update could be ready by the fourth quarter of 2021, but it could be later.  

An attorney from Lambda Legal, the law firm representing Saba, said that the state's plan was good, but that more was needed.

“Every day that a person is denied accurate identity documents is a day in which their rights are unconstitutionally deprived, and in which they suffer harm. We will continue to prosecute our case on behalf of Mx. Saba so that all nonbinary New Yorkers can have accurate state identification that they need without undue delay,” attorney Carl Charles said in a prepared statement.  

A spokesperson for the DMV said the agency understood the purpose of the lawsuit and was working to represent all New Yorkers. 

“The DMV understands the importance of this issue for so many New Yorkers but cannot comment further as this relates to pending litigation,” Lisa Koumjian said in an email.

Both New York City and New York State already allow people to obtain birth certificates with "X" as a potential gender selection. 

The state offered Saba the opportunity to come in and go through a manual process to receive a license with an “X” marked for gender in exchange for Saba dropping the lawsuit. 

It is unclear if Saba intends to take the state up on the offer.