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Puerto Rico Supreme Court Approves Nonbinary 'X' Gender Marker on Birth Certificates

The decision follows a suit by six individuals who said existing rules denied them equal protection under the Fourteenth Amendment.

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Puerto Rico’s Supreme Court has ruled that ‘X’ gender markers are permitted on birth certificates. (Getty Images/MarioGuti)

Overview

  • On May 30, the court ruled that the previous policy arbitrarily distinguished between binary and nonbinary individuals without any rational basis.
  • Six nonbinary Puerto Rican plaintiffs brought the lawsuit asserting that they were barred from legally affirming their gender identities under current regulations.
  • Since 2018, transgender residents have been allowed to amend binary markers on their birth certificates but this ruling brings nonbinary recognition in line with at least 17 U.S. jurisdictions.
  • The court instructed the government to update its official Application for Gender Change form to include an 'X' gender marker option.
  • Gov. Jennifer Gonzalez has pledged to comply with the ruling once her administration receives implementation recommendations from the Justice Department.