Lawyers representing Dana Zzyym, an intersex and nonbinary Navy veteran, argued last Wednesday that the 10th U.S. Circuit Court of Appeals should uphold a ruling from a lower court that the U.S. State Department cannot deny them a neutral gender passport.
The State Department rejected Zzyym’s request for a passport with a gender neutral marker in 2014, so they filed a lawsuit with Lamda Legal and won in three separate rulings, Metro Weekly reported. But the State Department still requires either a male or female gender marker.
“We appeared before the Tenth Circuit today to urge the court not to permit the State Department to force a U.S. Navy veteran to lie on their passport application,” Paul Castillo, of Lambda Legal, said in a statement, according to Metro Weekly.
Ten other nations currently offer a third gender option of “X” on passports and other IDs.