Arkansas DFA gathers public input on proposed driver’s license gender rule

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Arkansas DFA Gathers Public Input on Proposed Driver’s License Gender Rule

On a chilly Friday morning, the Arkansas Department of Finance and Administration (DFA) held a public hearing to gather input on a proposed rule modification regarding the representation of gender on driver’s licenses. The proposal would require the gender listed on licenses to be either male or female, aligning with the holder’s birth certificate. Over the past 14 years, Arkansas residents have enjoyed the flexibility to alter their gender designation without question or even opt for an ‘X’ marker. However, the DFA asserts that this permanent rule change aims to ensure the authenticity of licenses by adhering to the gender listed on birth certificates.

  • During the hearing, a dozen concerned individuals voiced their opposition to the proposed rule change. Pria Williams expressed her belief that the rule would perpetuate inequality, stating that “all Arkansans deserve equal treatment, and this rule would not uphold that.”
  • Brawlyn Smith, an intersex individual with an ‘X’ on her driver’s license, shared her personal experience, highlighting that there are individuals who don’t fit neatly into male or female categories. She argued that law enforcement officers aiming for accurate info should consider including the ‘X’ in some capacity, as the policy would harm her.

Pulaski County Judge Susan Webb Williams had previously granted an injunction, halting the new Arkansas driver’s license gender rules from taking effect. DFA Secretary Jim Hudson expressed confidence in the rule’s consistency with state law and its reestablishment of previous regulations.

Gov. Sarah Huckabee Sanders had issued an emergency rule change in March, which only lasted 90 days. At the time, she defended the policy as ‘common sense.’ Some attendees claimed they had been forced to update their licenses during the emergency rule’s implementation.

Effective immediately, the DFA will compile all public comments, including written submissions, and present them to the General Assembly in August for a final decision. Maricella Garcia, risk equity director for Arkansas Advocates, urged against policies that would negatively impact the community’s children, emphasizing that they “should not enforce policies that will adversely affect the children in our community who deserve an equal space to live.”

Arkansas and Missouri are spearheading a multi-state lawsuit against the federal government over Title IX rule changes. The DFA officials noted that over two million active licenses and IDs in Arkansas exist, and among them, 342 licenses and 174 state IDs bear the ‘X’ gender marker. These licenses and IDs will remain valid until a definitive decision is reached, with any necessary changes to be implemented during renewal.

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