Oklahoma Bans Nonbinary Designations On Birth Certificates

 On Tuesday, Oklahoma Governor Kevin Stitt signed SB 1100 (full text) which provides:

... [T]he biological sex designation on a certificate of birth issued under this section shall be either male or female and shall not be nonbinary or any symbol representing a nonbinary designation including but not limited to the letter “X”.

Fatherly reports on the new law.

Oklahoma Governor Condemns State's Issuance Of Non-Binary Birth Certificate

According to The Oklahoman, Oklahoma Governor Kevin Stitt has reacted sharply to a legal settlement by the state's former attorney general. Under the settlement, a state district court in August ordered the State Health Department to reissue a birth certificate with a non-binary sex designation. Last week, Gov. Stitt issued a statement saying:

I believe that people are created by God to be male or female. Period. There is no such thing as non-binary sex and I wholeheartedly condemn the purported OSDH court settlement that was entered into by rogue activists who acted without receiving proper approval or oversight.

Oklahoma House Speaker Charles McCall contended that the settlement is invalid because state law requires any settlement that "substantially impacts the operation or programs of a state agency" be reviewed first by legislative leaders and the governor's office. A member of the legislature has already pre-filed a bill to prevent non-binary designations on birth certificates in the future. Oklahoma House Minority Leader Emily Virgin says she is disgusted by the Governor's statement. [Thanks to Scott Mange for the lead.]

10th Circuit Hears Oral Arguments On Passport Gender Markers

The U.S. Court of Appeals for the 10th Circuit yesterday heard oral arguments (audio of full arguments) in Zzyym v. Pompeo. In the case, a Colorado federal district court held that the State Department's policy on passport gender designations is arbitrary and capricious under the Administrative Procedure Act. (Full text of district court's 2018 opinion). The Department requires selection of "M" or "F" as gender on passport applications, and refused to allow plaintiff who is an intersex individual to select "X" as a gender marker. Lambda Legal's case page has extensive additional information and links to pleadings, briefs and decisions in the case.