DENVER — Nine state attorneys general are asking a federal appeals court to allow an intersex Colorado resident to get a passport listing the person’s gender as nonbinary instead of male or female.
The states filed a brief with the 10th Circuit Court of Appeals in Denver asking the justices to uphold a lower court ruling that said the State Department couldn’t deny a passport to Dana Zzyym.
Zzyym wanted a passport marked “X” for gender, instead of “M” or “F.” The State Department refused, saying it would be hard to verify Zzyym’s identity and check Zzyym’s eligibility in government databases.
A U.S. district judge in Denver rejected that reasoning, and the State Department appealed.
States filing the brief are California, Colorado, Maine, Minnesota, Nevada, New Jersey, Oregon, Vermont and Washington.
This story has been corrected to show the person’s last name is Zzyym, not Zyymm.
The Associated Press