People born in New York City can now include an X in the “gender” category of their birth certificate. Mayor Bill de Blasio enshrined this principle in law, making New York City the fifth place in the United States to officially recognize people who do not want to identify as either female or male. California, Oregon, Washington and New Jersey already allowed it.
De Blasio explained that this law was intended to allow New Yorkers to tell the government who they are, and not the other way around. The M for Male or the F for Female can be replaced by an X against an “affidavit”, an affidavit. No medical advice is required.
For Tanya Asapansa-Johnson Walker, a transgender activist who was present at the signing ceremony, “this change may seem small but it is monumental“. This law was requested by several groups of activists including theIntersex & Genderqueer Recognition Project (project for intersex and non-binary recognition). Toby Adams, its executive director, applauded the bill when it was introduced in June. He said that the impossibility for some people to have a civil status corresponding to their identity was a «lack of respect for their humanity».
Not federally recognized
In 2014, New York had already passed a law that facilitated the change of marital status for transgender people by removing the obligations of surgery and name modification.
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However, the novelty on birth certificates is restricted to New York City, and it remains to be seen if any problems will arise in states that do not recognize the X. Also, to change the gender on one’s passport (which falls under the federal level), a doctor must certify that the person in question is indeed undergoing clinical treatment. And only male and female genders are recognized. In September, however, a Denver court ruled that the State Department (equivalent to Foreign Affairs) did not have the right to refuse a gender-neutral passport to an intersex person.
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