Arkansas Supreme Court Reinstates Temporary Gender-Neutral ID Ban
The Arkansas Supreme Court has issued a formal order in an ongoing legal battle, reinstating a ban on gender-neutral identifiers for driver’s licenses and state IDs. The ban was initially implemented when the Arkansas Department of Finance and Administration (DFA) secured legislative approval for an emergency rule change in March, citing potential harm from allowing individuals to use the “X” marker for gender.
The rule change effectively eliminated the option for Arkansans to put an “X” on their driver’s license, a practice that had been allowed for the past 14 years. The ACLU brought a lawsuit against the DFA, arguing that there was no evidence of imminent peril and that the department’s action was unfounded.
In June, Pulaski County Circuit Judge Patricia James ruled in favor of the ACLU, blocking the ban due to lack of evidence supporting the emergency rule change. The court heard testimony from individuals who considered the gender markers on their licenses essential to their identities or gender transitions. However, the Arkansas Supreme Court has now reversed this decision.
The reinstatement means that, starting immediately, the DFA will enforce its revised procedures, requiring driver’s licenses and state IDs to conform to the gender listed on a birth certificate. The ACLU has expressed disappointment with the ruling and plans to continue defending the circuit court’s order as the state’s appeal proceeds.
The DFA is currently taking public comments to implement a permanent rule to replace the current policy.
