Arkansas Supreme Court rules that there will only "male" or "female" listed on state IDs

On Tuesday the Arkansas Supreme Court issued a crucial ruling that will prevent state residents from using their state ID cards without specifying their gender.

The decision reinstates a state law that prohibits the use of "X" as an option for gender identification, a measure that had previously been blocked by a lower court earlier this month.

The lower court had argued that removing the supposedly gender-neutral IDs would harm transgender, intersex and non-binary residents by forcing them to choose between male or female gender designations, which may not accurately reflect their gender identity.

However, officials at the Department of Finance and Administration (DFA) have noted that adding an "X" as a person's gender is not "consistent" with state law.

Reactions to the ruling

Arkansas Attorney General Tim Griffin, a Republican, celebrated the decision with a public statement, "I applaud the the Arkansas Supreme Court’s decision staying the circuit court’s unlawful order and allowing the Department of Finance and Administration to bring its identification rules into compliance with state law."

Separately, the American Civil Liberties Union (ACLU) of Arkansas, which had filed suit to block the legislation, criticized the ruling.  Holly Dickson, executive director of the ACLU of Arkansas, believes that the removal of the 'X' marker option forces people to choose an inaccurate gender marker, which can result in confusion, distress, discrimination and physical harm.

The use of the 'X' choice in Arkansas.

Of the 2.6 million active driver's licenses in the state of Arkansas, only 387 individuals had opted for the "X" gender designation.  In the case of state identity cards, only 167 of the 503,000 people used this option.

Nationally less than half of the states currently allow the "X" option on official IDs.  The Arkansas decision reduces this number further, leaving only 21 states and the District of Columbia with policies that allow a gender-neutral designation.