Shirin Faqiri, CNN
On Tuesday, the Arkansas Department of Finance and Administration revoked legislation that allowed state driver’s license and ID recipients to choose to replace their identity with the gender-neutral “X” or to change their gender without any “verifiable info” or to change their gender.
The ACLU of Arkansas said in a statement that plan changes like these threaten the “protection and dignity” of the country’s trans, intersex, and non-binary communities.
The plan revision, which took effect immediately, mandates “that license and ID holders must show a gender of ‘male’ or ‘female,’ as indicated on an initial or amended birth certificate,” according to a news release announcing the decision.
Arkansas licenses and IDs that already have an “X” “may be true” until their next registration when they will shift to represent the sex on their owner’s birth certificate, according to the DFA.
In a statement included in the news release, Arkansas Governor Sarah Huckabee Sanders reiterated her belief that “there are only two genders.” She also stated that the policy change should be labeled as “common sense.”
In the news release, DFA Secretary Jim Hudson claimed that the previous policy was “not supported by Arkansas law” and “was never subject to public comment or legislative review as required.” He claimed that the department’s goal is to “keep our communities safe and to prevent fraud” and that the policy change was necessary.
However, LGBTQ civil rights advocates quickly objected to the announcement because they believe it to be a step in the direction of conservative lawmakers’ ongoing efforts to restrict or restrict the rights of transgender and non-binary Americans.
Although many US states have expanded the rights to gender identity on official documents, some states have passed laws that restrict transgender access to gender-affirming care and sports participation.
The ACLU of Arkansas claimed in a statement that the DFA’s change “seeks to erase the existence of non-binary and intersex Arkansans by putting them under categories that do not represent their identities.”
The labeling of this policy rollback as a “commonsense approach” is “deeply offensive and misleading.” Such outdated, disproven, and discriminatory ideas about gender identity do nothing to protect people; instead, they alienate and endanger the transgender community.”
The ACLU statement also said that removing the ability for people to have an ID “that accurately reflects their true self” is “not just a matter of dignity” but is necessary for the “safety and well-being” of transgender, intersex, and non-binary Arkansans.
The policy change “adds to the worrying trend of Arkansas’ state agencies using administrative means to target the transgender community,” said Ash Orr, director of press relations for the National Center for Transgender Equality, in a statement released by the organization.
“Access to identity documents is crucial in daily life, impacting activities like work, voting, travel, and engagement with government institutions,” Orr said. When a government agency declines to provide identification that matches a person’s identity, it implies that they are undeserving of the most basic respect and safety.
According to the DFA news release, the Arkansas DFA has also sent an emergency rule specifying the procedure the DFA will “follow to validate a license or ID holder’s gender” to the ALC’s Executive Subcommittee for review.
In late January, Florida passed a similar law that prohibits Floridians from modifying or changing their gender on driver’s licenses, according to a memo sent to state officials by the Department of Highway Safety and Motor Vehicles and obtained by CNN.
The memo stated that anyone found guilty of “misrepresenting one’s gender” could be subject to criminal and civil penalties, CNN previously reported.
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