Local advocates react to new Arkansas driver’s license mandates regarding gender

LITTLE ROCK, Ark. – Local advocates reacted to Tuesday’s new mandates for how gender is referred to on Arkansas driver’s licenses.

Gov. Sarah Huckabee Sanders and the Department of Finance and Administration announced Tuesday that drivers must have male or female on their license and reflect what is on their original or amended birth certificate. They also added that the X gender-neutral marker can’t be used, changing a policy that was made in 2010.

Arkansas Gov. Sarah Huckabee Sanders mandates driver’s license gender must align with birth certificate

For 14 years Arkansans could change genders on licenses or IDs with essentially no questions asked, according to the DFA.

People also could put X down in place of male or female, but Tuesday’s announcement retracts that, leaving some worried about the ramifications for the community of people this affects.

Joesph Johnson with Central Arkansas Pride said this will directly affect the transgender, non-binary and intersex community.

“On paper, oh it looks like we’re going to change this, but it’s so much deeper than that,” Johnson said. “The mental health, the safety and the potential confusion around my outward identity versus my state-issued ID, that could really create some issues.”

Johnson said this will potentially cause problems when anywhere an ID has to be presented, including opening bank accounts, finding employment and more.

“That individual has to live in their gender identity before going into that surgical procedure, this new policy prevents individuals from having the appropriate state-issued Arkansas IDs and documentation prior to that gender reassignment surgery,” Johnson said.

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According to the Department of Health, gender can still be changed on a birth certificate following a surgical procedure and subsequent court order.

The governor endorsed the move, calling previous policies referring to gender on licenses “nonsense.”

“This policy is just common sense. Only women give birth, men shouldn’t play women’s sports, and there are only two genders,” Sanders said. “As long as I’m governor, Arkansas state government will not endorse nonsense.”

All licenses and IDs with the X designation will be valid until they expire. The changes will take place when renewing licenses.

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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 fight for our right to live authentically and safely in our communities.”

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