LITTLE ROCK, Ark. — The Arkansas Supreme Court dismissed a lawsuit that challenged an emergency rule restricting gender identification on state issued driver's licenses and identification cards.
Arkansas Attorney General Tim Griffin celebrated the ruling, which came as the state supreme court entered an order to dismiss the lawsuit against the Arkansas Department of Finance and Administration (DFA).
“I am pleased that the Arkansas Supreme Court granted my motion to dismiss this lawsuit against the Department of Finance and Administration, which has brought its driver’s license gender identification rule into compliance with the law," AG Griffin said.
The lawsuit against the DFA was filed to challenge an emergency rule that removed the use of gender neutral markers on state issued identification cards in Arkansas.
It was filed on behalf of five Arkansans as well as the ACLU of Arkansas, arguing that the policy change was made without "any documented justification or compliance" and a 30-day public notice and comment period should be held.
It also said the change, which removes the ability to add an "X" for someone's gender on state IDs, would restrict nonbinary and transgender people and their ability to self-identify.
In early June, a circuit judge temporarily halted the emergency rule, which ended the ability for gender-neutral makers on driver's licenses and identification cards.
Weeks after the decision from the circuit judge, the Arkansas Supreme Court instead decided to pause the ruling from the lower court which paused the emergency rule.
DFA officials also held a public comment hearing that same month, as citizens were able to submit written comments on the rule change.
The state currently has over 2 million active driver's licenses or IDs and there are around 516 which have the "X" designation.
