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New York to introduce Non-Binary Gender Option for Driver's License

New York State announced that it will soon allow residents that identify as non-binary to select a new gender marker for their driver's license.

This change comes in response to a lawsuit filed by Sander Saba, a New York resident that argued that having to select male or female on their license is discriminatory to non-binary people.

In response to the suit, state officials announced that the lawsuit is redundant, as a plan to allow people to select a gender marker of 'X' was already in the works, but the Department of Motor Vehicles hadn't updated their system yet. Saba was invited to visit the DMV and manually file for an updated license.

Attorney Carl Charles of Lambda Legal said that the lawsuit will continue as the planned update will not be available until late 2021.

“Every day that a person is denied accurate identity documents is a day in which their rights are unconstitutionally deprived, and in which they suffer harm,” Charles said in a statement.

“We will continue to prosecute our case on behalf of Mx. Saba so that all non-binary New Yorkers can have accurate state identification that they need without undue delay.”

In 2019, New York City allowed people to list their child's gender as X on their birth certificate.

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