A U.S. judge ruled again this week in a four-year, back-and-forth legal battle over gender on U.S. passports. Dana Zzyym, born with atypical sex characteristics, sued the State Department in 2015 after it denied the Colorado resident’s application for a passport with a gender marked “X.” Zzyym does not identify as male or female and argued the refusal violated the Fifth Amendment.
U.S. District Judge R. Brooke Jackson in 2016 ordered the State Department to reconsider the application, but the department denied it again in 2017. On Wednesday, Jackson ruled that U.S. officials cannot deny a passport application for refusal to select a gender.
The State Department will now decide whether to allow a third gender designation on passports or to appeal the ruling to the 10th U.S. Circuit Court of Appeals. —K.C.