The Arkansas Supreme Court has thrown out a lawsuit over gender-neutral IDs and driver's licenses.
For over ten years, Arkansans were allowed to put an “X” on their ID, in lieu of “M” or “F,” to indicate male or female. Arkansans could also change their gender on their driver's license to match the one they identify with.
In March, the Department of Finance and Administration the Arkansas Legislature approved the rule change barring both practices. Five nonbinary and intersex Arkansans brought a suit against the department. The state Supreme Court dismissed the lawsuit Thursday.
Rule changes like this one can only be approved by the legislature in an “emergency” situation. DFA Secretary Jim Hudson testified to the legislature when the change was made, saying the rule change was an emergency because the “X” created safety concerns. He told lawmakers that people with “X” on their license could pose a “potential threat.”
When pressed at a hearing, to give an example of someone who had been hurt by the practice, he could not.
The suit was brought by the American Civil Liberties Union against the DFA. In court documents, the ACLU argued that there was no “imminent peril” legally needed to cause the rule change. They said the change violated the civil rights of the nonbinary and intersex people bringing the suit.
In June, Pulaski County Circuit Judge Patricia James agreed. She issued a preliminary injunction blocking the rule change, but that injunction has since expired. Attorney General Tim Griffin took the case to the state Supreme Court, asking for it to be thrown out. On Thursday, a one-page ruling from the Arkansas Supreme Court granted his request, meaning gender-neutral driver's licenses will no longer be allowed in Arkansas.
DFA says fewer than 500 Arkansans had “X” on their IDs.
In a statement, Griffin said he was pleased with the decision.
"Today’s order is a win for the rule of law," he said.
