Arkansas ACLU files suit against the state’s change to driver’s license gender rule
LITTLE ROCK, Ark. – A recent state policy change to tighten gender identities on Arkansas driver’s licenses is being challenged in court by the ACLU.
Lawyers with the ACLU filed the suit in Pulaski County Circuit Court on Tuesday against the Department of Finance and Administration.
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At issue is a March ruling by the DFA removing the ability to use “X” instead of “M” or “F” as a gender identity on an Arkansas driver’s license. That same ruling created the requirement for the license holder’s gender identity to match their birth certificate.
According to the lawsuit, that ruling overturned a policy that had been in place since at least 2010 to accommodate transgender individuals, allowing anyone to request “X,” “M” or “F” as their gender on an Arkansas driver’s license.
The plaintiffs claim in the suit that the rule change was put into effect without following state law by using an emergency clause to put it into immediate effect.
The lawsuit asks for a declaratory judgment that the emergency rule’s use is invalid and a preliminary and permanent injunction to halt enforcement of the rule and return to the earlier policy.
ACLU of Arkansas Legal Director John Williams, alongside the lawsuit, said there was no emergency.
“The law requires agencies to listen to the people affected by their rules,” Williams said. “Agencies cannot fabricate emergencies to evade that responsibility. Having failed to seek public input as required by law, DFA will now hear from us in court.”
The five plaintiffs are transgender, nonbinary and intersex Arkansans “who want their state issued driver’s license to reflect the gender with which they identify,” the lawsuit states.
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ACLU of Arkansas Executive Director Holly Dickson said implementing the new rule without adequate comment has the opposite effect than intended.
“This rule is not safeguarding Arkansans; it’s compromising their safety, their mental health, and their ability to participate fully in society,” Dickson said.
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Attorney General Tim Griffin said his office is “reviewing the lawsuit, and we look forward to defending the Department of Finance and Administration in court.”
“DFA issues licenses and IDs based on objective information,” said DFA Secretary Jim Hudson. “Our emergency rule was adopted by DFA and the General Assembly to ensure the safety of our citizens and the stakeholders who rely on the licenses and IDs we issue. DFA is implementing this policy in a manner that is respectful to all. We intend to vigorously defend this policy in court.”
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