The Arkansas Department of Finance and Administration (DFA) has recently proposed an emergency rule barring the use of ‘X’ as a substitute for male or female gender classification on state-issued driver’s licenses and identification cards. The DFA maintains that such a rule is crucial for the Office of Driver Services to fulfill its responsibilities in accordance with Arkansas Code § 27-16-1104(3), which necessitates the inclusion of a person’s gender on their driver’s license or identification card.
Previously, the Office had permitted license and identification cardholders to use ‘X’ as an alternative to male or female gender classifications. However, the proposed rule not only disallows this but also prevents the Office from issuing or renewing licenses or IDs that use ‘X’ in place of a male or female designation. Additionally, the Office is empowered to adjust gender information on IDs to align with the built-in information captured within the holder’s birth certificate, passport, or Department of Homeland Security (DHS) identity document.
Governor of Arkansas, Sarah Huckabee Sanders, has publically expressed her endorsement for the rule, asserting that the state government under her governance will not validate what she considers to be absurd.
In contrast, the ACLU of Arkansas has expressed opposition to the rule. In their statement, it argues that the rule seeks to nullify the existence of non-binary and intersex Arkansans by refusing them identity documents reflecting their true selves, thereby forcing them into classifications that do not represent their identities.
This rule proposal aligns with a larger movement across the US to suppress the identity rights of transgender individuals. Notably, earlier this year, Attorney General of Kansas, Kris Kobach, lodged complaints against public schools suspected of enabling teachers to obscure students’ transgender status from parents. Simultaneously, West Virginia State Senator Mike Azinger introduced legislation that would deem transgender individuals as ‘obscene matter’ and prohibit gender-affirming care for those under 21 years of age.