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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.