Arkansas Gov. Sarah Huckabee Sanders mandates driver’s license gender must align with birth certificate
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LITTLE ROCK, Ark. – The Arkansas Department of Finance and Administration announced a policy on Tuesday revising how gender is referred to on driver’s licenses.
Department spokesperson Scott Hardin said that effective immediately Arkansas driver’s licenses must list gender as male or female, noting that the gender must be what is listed on the license holder’s original or amended birth certificate.
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Hardin also said the practice of using an X on a state driver’s license in lieu of male or female is no longer permitted. He added that current licenses with the X designation will remain in effect until the renewal date, at which time they will be updated to male or female.
Gov. Sarah Huckabee Sanders endorsed the move, calling previous policies referring to gender on licenses “nonsense.”
“This [new] policy is just common sense,” the governor said. “Only women give birth, men shouldn’t play women’s sports, and there are only two genders. As long as I’m Governor, Arkansas state government will not endorse nonsense.”
DFA Secretary Jim Hudson called this new policy a commonsense approach.
“This change announced today reflects a commonsense approach that ensures a license or ID issued by the State of Arkansas is based on objective, verifiable information,” Hudson said. “All of our stakeholders in law enforcement, other government agencies, caregivers, schools, and businesses depend on DFA-issued licenses and IDs to keep our communities safe and to prevent fraud.”
The policy being replaced was never codified into Arkansas law or reviewed by the Arkansas Legislative Council or Administrative Procedures Act, Hudson added.
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Officials said DFA had submitted an emergency rule for review by the Arkansas Legislative Council’s Executive Subcommittee. The proposed rule specifies the process DFA will follow to validate a license or ID holder’s gender.
“We are committed to implementing this new policy in a manner that is respectful towards all of our customers,” Hudson said.
Officials said there are 2,668,881 active Arkansas driver’s licenses along with 503,294 IDs. More than 600,000 of those are in the form of a REAL ID, which will be required to board a plane or enter a federal building beginning May 7, 2025.
Information on DFA driver services may be found at DFA.Arkansas.gov.
The American Civil Liberties Union of Arkansas released a statement regarding the policy change stating it was in opposition to the move.
“This proposed policy seeks to erase the existence of non-binary and intersex Arkansans by denying them identity documents that reflect their true selves, forcing them into categories that do not represent their identities. The ability to use a gender-neutral marker, such as ‘X’ is essential for the safety and recognition of non-binary and intersex individuals — a stance supported by 22 states, the District of Columbia, and federal regulations regarding passports and other documents.”
The statement concluded that the ACLU will continue to will “continue to fight for our right to live authentically and safely in our communities.”
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