LITTLE ROCK, Ark. — A circuit judge has temporarily halted a new rule that ended the ability for gender-neutral markers on driver's licenses and identification cards in Arkansas.
The lawsuit, filed on behalf of five people and the ACLU of Arkansas, came after the Department of Finance and Administration (DFA) announced on March 12 that it would remove the ability to use an "X" marker for gender on IDs in lieu of choosing "male" or female."
That lawsuit argued the emergency rule change was done "without any documented justification or compliance" and that there should be a 30-day public notice and comment period. The group also said the change in policy would restrict the ability to allow transgender and nonbinary Arkansans to self-identify.
The ACLU of Arkansas reacted to the ruling on social media, saying it "reaffirms due process and public input in impactful policies."
"This is a significant victory for our clients and for the rights and dignity of all Arkansas," the group said.
John Williams, legal director for the ACLU of Arkansas, said the ruling "reaffirms the importance of due process" and the need for the public's input on policy changes. "The DFA’s attempt to bypass these critical steps was a clear overreach, and we are pleased that the court has recognized the harm this policy inflicted on our plaintiffs and others in the community.”
State officials have said the reason for the change is to "better safeguard the integrity of licenses and IDs issued." Before the proposed change, the policy had been in effect since 2010.
Officials with the DFA are set to hold a public comment hearing on making the rule permanent on Friday, June 7. After the hearing, written comments on the change can be submitted until June 27. For more information, click here.
Attorney General Tim Griffin said he looks forward to defending the case as the judge's statement indicates the ruling will be "limited and only applicable until the issuance of the permanent DFA rule in a matter of weeks."