LITTLE ROCK, Ark. — Arkansas officials announced a revision to a state policy that allowed a person to use an "X" marker instead of a gender on their license or ID card. The new policy will only allow someone to choose "male" or "female" on their identification.
The Arkansas Department of Finance and Administration announced the change on March 12, saying the revised policy is intended to "better safeguard the integrity of licenses and IDs issued."
The original policy, which was in effect since 2010, would allow a licensee to change the gender on their licenses, "no questions asked, no documentation required."
The reversal of this policy reportedly "restores DFA's long-standing policy" that license and ID holders must display either male or female, according to a press release. DFA Secretary Jim Hudson said the change is to "ensure" any license issued by the state is "based on objective, verifiable information."
Scott Hardin with the Department of Finance and Administration said the department has always considered reversing the policy.
"The Arkansas Department of Finance and Administration has more than 3.1 million active driver's licenses and IDs," Hardin said. "Of that total, 516 have the 'X' designation. With this change today, we ensure our government-issued licenses and IDs are backed by verifiable documents and maintain consistency across government documents."
Gov. Sarah Huckabee Sanders said this policy is just "common sense."
"Only women give birth," Sanders said. "Men shouldn't play women's sports, and there are only two genders. As long as I’m Governor, Arkansas state government will not endorse nonsense."
Any cardholder who has the "X" designation will have a valid license or ID until the existing expiration date. After that, you will have to designate male or female when you renew your card.
"The discontinued policy is not supported by Arkansas law and was never subject to public comment and review by the Arkansas Legislative Council (ALC), as required by the Administrative Procedures Act," Hudson said.
The ACLU of Arkansas released a statement strongly opposing the proposed change and said it impacts the "safety and dignity of transgender, non-binary, and intersex Arkansans."
"The ability to use a gender-neutral marker, such as “X,” is essential for the safety and recognition of non-binary and intersex individuals — a stance supported by 22 states, the District of Columbia, and federal regulations regarding passports and other documents," said Megan Bailey, communications director of the ACLU of Arkansas.
Bailey said labeling the change as "common sense" is "not only misleading but deeply harmful."
"Such outdated, disproven, and discriminatory ideas about gender identity do nothing to protect people; instead, they alienate and endanger the transgender community," Bailey said. "Esteemed medical and mental health organizations, including the American Medical Association and the American Psychological Association, advocate for the right of individuals to self-certify their gender on identification documents, recognizing that personal identity should not be dictated by the state."
An emergency rule for review has been submitted to the Arkansas Legislative Council's Executive Subcommittee.
Hudson claimed that the department is "committed to implementing this new policy in a manner that is respectful towards all of our customers."