Arkansas is implementing a new policy to ban gender-neutral drivers licenses.
Previously, Arkansans could put “X” under the “sex” section of their driver's licenses if they don't want to declare a gender. The new plan will make it difficult for nonbinary, intersex and transgender Arkansans to have a driver's license that reflects their gender identity.
The decision was announced by the Department of Finance Administration on Tuesday, and was made possible by the emergency provisions of the Arkansas Administrative Procedure Act. The law allows an agency in Arkansas to adopt a new rule if it addresses “imminent peril to the public health, safety, or welfare or compliance with a federal law.”
Jim Hudson, Secretary of the Department of Finance and Administration, initially requested the rule change. In a letter to the Bureau of Legislative Research, he called the rule “necessary," saying it will make sure the “information contained within a driver’s license or identification card are provided with the most accurate and complete gender information.”
Gov. Sarah Huckabee Sanders is supportive of the policy.
“This policy is just common sense,” she 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.”
Scott Hardin, spokesperson for the Department of Finance and Administration, said the “X” policy started in 2010. He said out of the 2,668,881 active driver's license holders and 503,294 ID holders, only a small fraction are using the “X” option. 342 licenses and 174 IDs have “X” listed under “sex.”
People with “X” on their licenses will be able to keep using them, but will have to put down “F” or “M” when their license is renewed. Hardin said they will evaluate a person's gender by looking at “a birth certificate, passport or other qualifying government document.” This is in keeping with how things have previously been done on driver's licenses, but now the driver won't have the option to ask for “X” to be listed as their gender.
ACLU of Arkansas objected to the change, saying this doesn't allow for people to have “consistent identity documents,” and that it could violate the “dignity” of certain card holders.
“This proposed policy seeks to erase the existence of non-binary and intersex Arkansans,” a statement said.
The DFA says they are starting work now to rollout the policy.
