DENVER (AP) – A Colorado resident denied a passport for refusing to identify as either male or female on the application form has sued the federal government to try to force the United States to join a handful of other countries that allow people to get travel documents without picking a gender.
Lambda Legal announced the lawsuit Monday on behalf of Dana Zzyym (pronounced Zimm) of Fort Collins, Colorado, who was born with ambiguous sex characteristics – referred to as intersex. It names Secretary of State John Kerry as a defendant and claims that requiring people to check a box marked either “M” or “F” is discriminatory and asks people like Zzyym to lie.
Countries including Australia, New Zealand and Nepal allow people to have their gender marked as “X” or “other” rather than male or female on passports. Australia requires people using that option to provide confirmation from a doctor or psychologist.
One of Zzyym’s lawyers, Paul Castillo, said people with such foreign travel documents are permitted to enter the United States, and he suggested that federal officials also allow an “x” option on its passport applications.
Ashley Garrigus, a spokeswoman for the State Department’s Bureau of Consular Affairs, said the department would not comment on pending litigation.