No "X" on IDs? Washington State's Confusing Stance on Non-Binary Recognition

As of 2018, Washington state allows birth certificates to be corrected to reflect “X” as a gender designation for non-binary persons. Confusingly, the same does not apply for state-issued IDs or driver’s licenses, which still only offer “M” or “F” sex designation. That means there’s a whole sub-sect of Washingtonian enby persons who have an “X” on their birth certificates, but not on their IDs. What gives?

Of the few U.S. states and Canadian territories that allow an “X” gender designation on birth certificates, Washington state is the only one that doesn’t also allow the same denotation on IDs. It seems confusing at first: why allow a change on one legal document, but not another? Aside from creating a conundrum for persons who have one gender marking on their birth certificate, and another (inaccurate) marker one on their daily-used ID, doesn’t it also create headaches for state-wide records keepers?

This otherwise illogical loophole could be because it was Washington’s Department of Health, which manages records such as birth certificates, marriage certificates, and death certificates, that made the initial change to allow X-gender recognition on, specifically, birth certificates. But there are departmental limitations to Washington’s Department of Health. Driver’s licenses and IDs are managed by the Washington state Department of Licensing.

That Washington’s gender-X recognition is being lead by the Department of Health is distinct from other areas of the U.S. and Canada which have passed regional laws and bills recognizing the legitimacy of X-gender and non-binary persons. As an example, California’s SB-179 went into effect earlier this year and requires state registrars to issue new birth certificates reflecting a gender change to M F, or X if requested by a Californian. It also calls for the Department of Motor Vehicles to allow applicants for a driver’s license or ID card to choose a gender category of M, F, or X.

Fortunately, Washington state seems aware of this absurdity. As of this week, the Department of Licensing is holding three public hearings (info below!) regarding the proposal to include X as an option for gender designation on state-issued IDs. This is a great step forward, albeit it kind of late, and is expected to be implemented within the year. However, enhanced IDs, which operate as a federally-recognized passport when traveling to Canada or Mexico by land or by sea, may not be issued with an X due to the federal government’s refusal to legally recognize non-binary persons.

Consider having your voice heard on the issue of X sex designation on Washington state-issued IDs:

Seattle: August 12 @ 5pm @ Seattle Public Library
Olympia: August 13 @ 5pm @ State Capital (Columbia Room)
Spokane: August 15 @ 4pm @ Spokane Public Library