NY allows non-binary gender ‘X’ on birth, marriage and death certificates

    New York state is now allowing people who identify as a non-binary to list their gender as “X” on vital documents.

    The New York Department of Health announced Monday that birth certificates, marriage certificates, death certificates and driver’s licenses can be amended to list residents’ gender as “X,” in addition to “male” and “female.” “X” can be used to indicate non-binary, intersex, undesignated or other non-conforming genders.

    “Being able to select ‘X’ gender on a birth, marriage or death certificate marks another historic moment in our efforts to promote equality and respect for the LGBTQ+ community,” State Department of Health Deputy Commissioner for Health Equity and Human Rights Johanne Morne said in a statement. “Every New Yorker needs to have identifying documents that accurately reflect who they are.”

    According to WABC, New York residents 17 or older can change their gender on their birth certificates at For people 16 and younger, a parent or legal guardian named on the birth certificate must change the gender designation on a minor’s birth certificate.

    Gender and names can also be updated for marriage and death certificates at the same website,

    New York began offering “X” as a gender option last year on driver’s licenses, learner’s permits and non-driver ID cards at all DMV offices as part of the state’s Gender Recognition Act.

    Non-binary New Yorkers sued in 2020, arguing that the state was discriminating against people who did not identify solely as male or female. The Associated Press reported nearly two-thirds of transgender New Yorkers said none of their IDs had the name and gender they preferred in a 2015 survey of nearly 1,800 New York residents by the National Center for Transgender Equality.

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