Should passports require male or female gender? Intersex Coloradan, states argue no

Nine state attorneys general asked a federal appeals court on Wednesday to allow an intersex Colorado resident to get a passport listing the person’s gender as nonbinary instead of male or female.

The states filed a brief with the 10th Circuit Court of Appeals in Denver asking the justices to uphold a lower court ruling that said the State Department could not deny a passport to Dana Zzyym.

Zzyym wanted a passport marked “X” for gender, instead of “M” or “F.” Zzyym was born with ambiguous physical sexual characteristics and identifies as nonbinary in gender.

The State Department refused Zzyym’s application, saying it would be hard to verify identities of nonbinary people and check their eligibility in government databases.

Zzyym sued in 2015, and a U.S. district judge in Denver rejected the State Department’s reasoning. The department appealed.

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