New York could offer non-binary gender identity on driver’s licenses – Telemundo New York (47)

New York State intends to offer driver’s licenses with the non-binary gender identity option “X”, but it could take more than a year before the Department of Motor Vehicles computers can automatically issue the document. , according to the statement of state officials in court documents.

Officials unveiled the plan in response to a federal lawsuit brought against them by Sander Saba, who has challenged state policy to limit gender identity on driver’s licenses to “male” or “female.”

Saba, a non-binary transgender resident of New York City, said in the lawsuit filed by Lambda Legal this summer that the policy is discriminatory.

In recent days, the lawsuit against Governor Andrew Cuomo and the DMV commissioner was dismissed after state attorneys argued in court documents that late last year, the New York government outlined plans to “allow New Yorkers to receive a driver’s license. drive with a non-binary gender identification mark ‘X’ through an automated application process. “

But first, the DMV needs to modify its computer system in order to create internal license records without a binary gender selection. The agency expects that to happen in the fourth quarter of 2021, or later, said Gregory Kline, DMV’s deputy commissioner for administration, according to court documents.

A Lambda lawyer welcomed the plan Tuesday, but estimates New York still needs to do more.

“Every day that a person is denied true identity documents is a day in which their rights are unconstitutionally deprived and in which they suffer harm. We will continue to process our case on behalf of Mx. Saba so that all non-binary New Yorkers can have the precise state ID they need without undue delay, ”attorney Carl Charles said in a statement.

The DMV said New York has taken a number of steps to protect and promote the civil rights of transgender or gender-nonconforming New Yorkers.

New York City and New York State allow non-binary people to obtain birth certificates with a gender marker “X”. And more than a dozen states offer “X” gender markers for driver’s licenses, according to Lambda.

Saba already has two identity documents with an “X” marker: a New York City birth certificate and a previous Pennsylvania driver’s license. Now Saba wants to exchange the Pennsylvania license for a New York license.

In arguing to dismiss the lawsuit, the State invited Saba to enter a DMV office and go through a manual application process that would result in a license with an “X” marker. The law firm did not say whether Saba intends to accept the DMV offer.

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