“It took six years, but to have an accurate passport, one that doesn’t force me to identify as male or female but recognizes I am neither, is liberating.”
The U.S. Court of Appeals for the Tenth Circuit today rejected three of the five reasons the U.S. State Department gave for denying an accurate passport to Dana Zzyym, a U.S. Navy veteran who is intersex and nonbinary, and does not identify as male or female. While the Tenth Circuit held the State Department exercised its authority in an arbitrary and capricious manner, it nonetheless overturned a U.S. District Court ruling in favor of Zzyym and ordered the State Department to reconsider Dana’s passport application anew.
The State Department cannot rely on its male-or-female-only gender policy to withhold a U.S. passport from Dana Zzyym, a U.S. Navy veteran who is intersex and nonbinary.
A U.S. District Court Judge today ruled that the U.S. State Department exceeded its authority under the Passport Act of 1926 when it denied a passport to Lambda Legal client Dana Zzyym, a U.S. Navy veteran who is intersex and non-binary, and does not identify as male or female.
interACT: Advocates for Intersex Youth, Lambda Legal, and Proskauer Rose LLP have released the nation’s first intersex-affirming hospital policy guide, offering concrete steps for medical providers to provide sensitive, non-discriminatory care to intersex patients.
Lambda Legal returned to federal district court today to argue once again on behalf of U.S. citizen and Navy veteran Dana Zzyym, an intersex person whose gender identity is neither male nor female to whom the U.S. State Department refuses to issue an accurate passport.
Lambda Legal returned to federal court today on behalf of Dana Zzyym, an intersex citizen and U.S. Navy veteran denied a passport because the U.S. State Department refuses to recognize a gender marker that is neither male nor female.