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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.