All people born in the United States are assigned a sex at birth, which is then reported on all identifying documents. The category “gender marker” or “sex marker” refers to the sex the baby is assigned by a doctor based on their chromosomes and the appearance of genitals. Usually, the baby is assigned an M for male or an F for female, and this is what is put onto your official documents from birth. To learn more about the difference between assigned sex and gender identity, visit our informational page on misgendering. Continue reading to find out which states allow for gender markers to be changed to non-binary on state documents.
When a non-binary person starts transitioning, it can cause gender dysphoria or discomfort to have identification documents (driver’s license or other state identification, birth certificate, passport, or social security record) with a sex or gender marker field that inaccurately represents their gender identity. While not all trans people feel the need to change their documents, having identification that matches their gender identity can be essential for some.
Gender markers can be changed to non-binary (signified by an “X” symbol) on some state documents. Read below to find out if the state you live in allows you to update your gender marker to X. To learn more about how to change the gender marker on your identification documents and to seek support with necessary resources, please visit the National Center for Transgender Equality.
Unfortunately, as of 2019, the majority of states only allow “M” or “F” gender categories on state identification documents, which can exclude non-binary gender identity. However, the following states and territories have legalized the gender marker “X” for non-binary people on driver’s license and state identification cards:
Arkansas, *California, Colorado, *Nevada, Hawaii, Indiana, *Oregon, Maine, *Maryland, *Minnesota, New Hampshire, *Vermont, *Washington, D.C.
*These states allow for gender marker to be changed to non-binary on state identification cards and driver’s licenses without a provider letter.