Washington takes next step to acknowledge more than two genders on ID cards
By: Governor Jay Inslee
Tags: Government, License, Identity, LGBTQ, Gender

The latest step in the state’s efforts for inclusion rights is that residents will be able to choose from three gender options when getting a driver’s license: Male, Female and X.

The X gender designation option means a gender that is not exclusively male or female. The Department of Licensing proposed the rule change earlier this year. The change would also impact instruction permits or ID cards and would create more consistency with Washington birth certificates that now list an X.

A sample Washington driver’s license shows the gender X option in the red oval. (Photo courtesy of DOL)

Elayne Wylie, co-executive director of Gender Justice League, said this is a step in the right direction.

“It’s imperative of our government to include as many people as possible so that people actually feel like they’re part of society, and that they’re seen and heard,” Wylie said.

When Teresa Berntsen was named director of the Washington State Department of Licensing a year ago, people asked her about the issue. She heard from people who were frustrated that the agency didn’t offer a nonbinary option. People who visited DOL with birth certificates that listed their gender as X had to be turned away.

“Identity is a fundamental human right,” Berntsen said. “We, as the Department of Licensing, serve every Washington resident. And the driver’s license or the state-issued ID cards are your primary identification documents. So by us acknowledging there are more than two forms of gender, we are acknowledging basic human rights.”

Elayne Wylie, co-executive director of Gender Justice League, holds a megaphone while marching at Trans Pride Seattle 2019 this June in Capitol Hill. (Photo by Andie Trosper Deroux)

Berntsen asked her staff to look into it and they found out DOL has the authority to propose a rule change. In fact, Washington State Department of Health began work in late 2017 to allow people born in Washington to change their sex designation on their birth certificate to reflect their gender identity. The department received feedback and suggestions from various state and federal agencies, tribes, nonprofits, LGBTQ and other civil right groups, and even state choirs such as Seattle Gay Men’s Chorus and Seattle Women’s Chorus.

The change went into effect January 2018. As of today, DOH has processed 518 requests for gender changes since January 2018, and 59 of those requests were for a gender X designation.

So, DOL followed DOH’s footsteps and scheduled listening sessions with groups to hear what the public thought of a third gender ID option. From there, they drafted rule language with public input.

The final, big step of the process takes place in August when DOL holds a series of public hearings. Berntsen hopes the hearings encourage input from people, specifically those who would be affected by adding a third gender option.

Berntsen’s staff will then use the public input from hearings, emails and phone calls to decide if they need to make changes to their proposed language. DOL could implement the gender X change as soon as October.

The possible nonbinary gender option from DOL is the most recent step Washington is taking to protect and support LGBTQ communities. During the 2019 session, the Legislature passed a bill that establishes an LGBTQ Commission, which will work with state agencies on issues that affect the LGBTQ community. The bill was sponsored by Sen. Claire Wilson.