Neither Male nor Female, Just Like It Says on My Driver’s License

In June of 2016, an Oregon judge ruled that Jamie Shupe, a 52-year-old Army veteran, could legally change their gender to “nonbinary” in the eyes of that state. This seems to have been the first time in the U.S. that a person gained legal status as neither male nor female, which is a little astonishing, considering we’ve always been here–though I admit, for a long time nobody considered our gender identities might be legitimate (least of all, oftentimes, nonbinary people ourselves).

Since then, the motor vehicle departments of Oregon, the District of Columbia, and California have all added a nonbinary option, X, on driver’s licenses, and Ontario, Washington state, and Vermont are now considering doing the same.

oregon driver's license with x gender

One thing that surprises me in all this is that for the most part, this welcome change isn’t based on new laws. California passed a bill to recognize a third gender option, but everywhere else I mentioned, it’s the department of motor vehicles getting things done. Apparently, there being no law that driver’s licenses have to say “male” or “female,” adding a third option isn’t a legal issue: it’s just administrative.

Even as a person who’s only partly out, I would love to see this option available in my state. The idea of having a license that doesn’t require me to say I’m something I’m not (or at least something I’m not a large proportion of the time) is hugely appealing, and I imagine preparing for my new photo by making my face look as androgynous as possible, hopefully leaving anyone who ends up needing to check my ID with no need to be confused or figure anything out.

androgynous face

But then, the bigger issue for me is the name. Even if I can get ID that is more or less accurate in terms of gender and that never presents a jarring contrast between my presentation in life and my presentation in my photo, I still need to be able to refer to myself somehow. Yet it’s already possible to get a legal name change, so all the tools are there.

What about you? Does anyone else out there have or want a non-binary designation on your license or passport?

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