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Arkansas DFA listens to public about the removal of gender-neutral markers on IDs

At the hearing, 11 people stepped up to the podium to express their opinions about removing the "X" option, a gender-neutral marker, from state IDs.

LITTLE ROCK, Ark. — A group of Arkansans made their voices heard at a public hearing Friday, speaking up for what they said is an injustice for the state's transgender community.

The hearing comes after a group filed a lawsuit and a judge temporarily paused a new rule to remove gender-neutral markers on Arkansas driver's licenses and IDs.

At the hearing, 11 people spoke about removing the "X" option on state IDs. They claimed it does more harm than good and encouraged the Department of Finance and Administration (DFA) to reconsider.

"Since the announcement of this ruling, trans people statewide frequently contact our organization expressing fear and confusion over this current attack on our community," Tien Estell with Intransitive Arkansas said.

Estell said as a member of the trans community, this rule change is concerning. 

"Trans adults are terrified to renew expired IDs, and trans people new to our state and needing Arkansas-specific driver's licenses are in limbo," Estell said. "All of these things are dangerous to our mental and physical health."

For the past 14 years, Arkansans have been able to change their gender on a driver's license with no questions asked and no documentation required. Now, their license has to reflect the gender listed on their birth certificate.

Jessica Disney said the proposed change will complicate things. 

"As a result of previously having a mismatched marker on my ID, I have been denied the ability to conduct financial activities at a bank and at a business that questioned the validity of the license due to my listed gender being male," Disney said.

Additionally, Disney is concerned about how the situation affects healthcare.

"If I should be in an emergency situation, unable to respond to medical professionals who need the best information possible to rule out issues and determine my method of treatment, if my ID matched my birth certificate, it would provide them with information that is incorrect," Disney said. "[It] could cause them to misdiagnose or implement treatment that could cause lasting harm to my body."

In response to the judge's ruling on the temporary rule, DFA Secretary Jim Hudson said the department is "obligated to follow Arkansas law, as passed by the Arkansas General Assembly."

"This includes the requirement to list an individual's gender on every state-issued license or ID," Hudson said. "When I joined DFA, I immediately began a thorough review of all internal policies and procedures to ensure they met the requirements of Arkansas law."

Hudson said he "quickly determined" the internal process of allowing individuals to change their gender on their driver's license or ID was "not consistent" with Arkansas law.

"[The] DFA is proceeding with promulgating a permanent rule requiring that an individual's gender on their state license or ID match the gender listed on their birth certificate," Hudson said. "This permanent rule was unaffected by today's ruling."

Estell, Disney and others hope the DFA reconsiders the decision.

"I urge you to consider both the intent and the impact of this ruling," Estell said.

Those who couldn't attend the hearing can still submit written comments until June 27. 

According to the DFA, Arkansas has more than two million active licenses and IDs. Of those, 342 licenses with the "X" marker were issued, along with 174 state IDs.

A change to gender as listed on a birth certificate would be made when that person renews their license or ID.

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