Intersex Person Denied Passport Because They Aren’t Male or Female

Dana Zzyym. Photo via Dana Zzyym, Facebook

Dana Zzyym, an intersex person from Colorado, applied for a U.S. passport in 2014. Their request was denied because they don’t identify with a gender binary.

Zzyym took the case to court, represented by Lambda Legal, and Judge R. Brooke Jackson, ruled against the “binary-only gender marker policy” that the State Department used to deny Zzyym a passport gender-marked as “X,” according to the Washington Blade. Now, they will be able to get an accurate passport, unless the state appeals the case.

“Today, a federal judge has found that there is no defensible reason to delay the issuance of Dana’s passport until after the appeal,” said Lambda Legal Counsel Paul Castillo in the press release. “No law-abiding citizen should be precluded from leaving the country simply because of who they are.”

This was the third time Lambda Legal has won a case against the State Department over passport gender markers.