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3w ago

Puerto Rico Supreme Court Approves Nonbinary ‘X’ Marker on Birth Certificates

Implementation hinges on Justice Department recommendations following the court’s order to add an ‘X’ option to birth certificate applications.

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

Overview

  • The court’s May 30 decision stems from an October 2023 lawsuit by six nonbinary Puerto Ricans arguing that the territory’s birth certificate policy violated equal protection under the Fourteenth Amendment.
  • Justices found that the existing policy “arbitrarily distinguishes” between binary and nonbinary individuals and directed the Demographic Registry to amend its gender-change form to include an ‘X’ option.
  • With the change, Puerto Rico will join at least 17 U.S. states that already permit nonbinary or gender-neutral markers on birth certificates.
  • Governor Jenniffer González Colón affirmed the government’s intention to comply with the ruling and said officials will await Justice Department guidance before updating the forms.
  • LGBTQ+ advocates celebrated the move as a victory for equality, while Representative Jorge Navarro Suárez introduced a non-binding resolution condemning the ruling.