The Arkansas Supreme Court has reinstated a state agency rule that prohibits residents from using “X” instead of male or female on state-issued driver’s licenses or identification cards. This decision comes after a lower court had previously blocked the rule, which also complicates the process for transgender individuals to amend the sex listed on their IDs and licenses.
The court’s order did not provide detailed reasons for its decision to stay the lower court’s ruling. The Arkansas Department of Finance and Administration argued that the practice of allowing an “X” designation, initiated in 2010, conflicted with state law and had not undergone proper legislative approval. The new policy, approved as an emergency rule by a legislative panel, positions Arkansas among several Republican-led states redefining sex strictly as male or female.
Critics argue that such measures effectively erase the existence of transgender and nonbinary individuals and create significant challenges for intersex people. Attorney General Tim Griffin supported the court’s decision, stating that it aligns the Department of Finance and Administration’s identification rules with state law. Conversely, the American Civil Liberties Union (ACLU) had sued on behalf of several affected residents, highlighting the irreparable harm this rule could cause.
Holly Dickson, executive director of the ACLU of Arkansas, emphasized that the rule forces individuals who do not conform to the gender binary to choose inaccurate gender markers, potentially leading to confusion, distress, and discrimination. The state is currently adopting a permanent rule to enforce the new policy, with immediate reinstatement of the procedures following the court’s ruling.
Arkansas joins 22 other states and the District of Columbia that had allowed the “X” option on licenses and IDs. Existing licenses and IDs with the “X” designation will remain valid until their expiration dates. The state’s emergency rule also reinstates the requirement for a court order to change the sex listed on birth certificates, a practice that had previously been more accessible.
The DFA has maintained that the earlier practice was not legally supported and lacked the necessary public comment process and legislative review. This ruling underscores the ongoing debate over the recognition and rights of transgender and nonbinary individuals in the United States, particularly in states where legislative measures seek to enforce a binary definition of sex.