LITTLE ROCK, Ark. — The Arkansas Supreme Court paused a lower court ruling on Monday that blocked an emergency rule that removed the use of gender neutral markers on state issued identification cards.
The ACLU of Arkansas responded to the court's ruling by saying that they believe "the law supports the circuit court's order."
“To pass an emergency rule, an agency must explain why there is an imminent peril requiring it to act without giving the public notice and an opportunity to comment," said John C. Williams, legal director for the ACLU of Arkansas. "We will continue to defend the circuit court’s order as the State’s appeal proceeds.”
The lawsuit on behalf of five Arkansans as well as the ACLU of Arkansas argues 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.
Officials with the Department of Finance and Administration (DFA) held a public comment hearing on June 7 and citizens will be able to submit written comments on the rule change until June 27. You can submit a comment by clicking here.
DFA Secretary Jim Hudson claimed he "quickly determined" the ability to add an "X" for a person's gender was "not consistent" with state law. The original policy has been in effect since 2010.
The state currently has over 2 million active driver's licenses or IDs and there are around 516 which have the "X" designation.
The Arkansas Supreme Court did not provide an explanation for a stay on the Pulaski County Circuit Court judge's injunction.