New York Senator Kirsten Gillibrand, who is a 2020 presidential hopeful and currently campaigning for the Democratic nomination, just made an awesome statement for the LGBTQ community. In New Hampshire, Sen. Gillibrand was asked if she supported “X” as a potential third gender marker on official documents for non-binary people, as first reported by CBS News.
Her answer? She supports it and would back a federal policy that protects it across state lines.
Palana Belken, an organizer for the American Civil Liberties Union of New Hampshire, posed the question for Gillibrand during an LGBTQ rights meeting.
While this issue is important in every state, it’s particularly relevant right now in New Hampshire. New Hampshire Representative Gerri Cannon has just introduced two bills for third gender markers for the state. Rep. Cannon, notably, is one of just two openly transgender women to be elected to the legislature.
When speaking to CBS News, Cannon discussed the urgency of federal level recognition, explaining, "Right now, especially non-binary people, when they go to one state to another some state trooper may take a look at a license with an 'X' on it and go, 'What is this?'"
On a basic level, what does an “X” gender marker signify? What does it mean to identify as non-binary? When it comes to any gender identity, it always comes down to the individual person. Meaning, there’s not a one hundred percent accurate definition or set of traits that you can assume or project onto any given individual, whether they identify as a man, woman, non-binary, or so on.
That said, generally speaking, a non-binary person is someone who doesn’t identify as either male or female. A non-binary person may choose to use gender-neutral pronouns, like they/them, pursue gender affirming treatments, or change their name, but all of that also varies by person. A non-binary person could do none of those things and still be valid in their identity. The only “requirement” to being non-binary (or any gender identity) is that it’s how you choose to self- identify.
So, why does this matter in terms of state and federal law? Recognizing the “X” third gender marker would allow, as Cannon used in her example, a state-issued ID or driver’s license to reflect the person’s accurate gender identity. On a federal level, for instance, this means a non-binary person could choose the “X” on their passport instead of “M” or “F.”
Right now, unfortunately, no third gender marker is recognized on a federal level.
Previously, Gillibrand called out President Donald Trump’s grossly anti-trans policies, including his ban on transgender military members. At this year’s State of the Union address, Gillibrand brought an openly transgender Navy lieutenant, Blake Dremann, as her guest.