X Gender Markers by State

Find Your State

Know the laws in your state that protect LGBT people and people living with HIV.

Click on each state to view its regulations and processes for obtaining and amending documents with an X gender marker. Click here to view this information in a map.

Last updated 7/28/2020.

Arkansas

Driver's Licenses, State IDs

Applicants must request that the Office of Driver Services amend the gender marker on a driver's license or state ID to “X”. “If you have trouble with the Office of Driver Services, you can show them this documentation of their gender change policy.” (National Center for Transgender Equality)

California

Birth Certificates, Driver's Licenses, State IDs

SB-179 went into effect on September 1, 2018. “X” gender marker may be used for Driver's Licenses, State IDs, and Birth Certificates with completed Gender Category Request form (DL 329S). Adults must attest, under penalty of perjury, that they identify as nonbinary. Minors require signature of at least one parent or guardian. If a second parent or guardian is not supportive, they may file a written objection and request a hearing.

Colorado

Birth Certificates, Driver's Licenses, State IDs

For birth certificates, "X" gender marker is available with completed Birth Certificate Correction FormChange of Sex Designation Form, identification, and fee.

Once a birth certificate is amended, driver’s licenses and state IDs may also be amended with completed Change of Sex Designation Form.

Connecticut

Driver's Licenses, State IDs

The Connecticut Department of Motor Vehicles offers residents an X gender designation on drivers’ licenses and non-driver identification cards. To change the designation on an ID, applicants must surrender any current state-issued license or identification card, submit a completed Gender Designation Form, and pay applicable feess. The applicant shall have a new photograph taken. If the person requesting the change is a minor, a parent or guardian must be present and sign the B-385 form, or the minor must submit a signed and notarized 2D form with the B-385. The change does not require medical documentation.

Hawaii

Driver's Licenses, State IDs

House Bill 1165 goes into effect on July 1, 2020. Beginning on this date, Hawaii residents will be able to select an “X” gender marker on driver’s licenses and state IDs, and will not need to provide any documentation to prove their gender.

Illinois

Birth Certificates, Driver's Licenses, State IDs, Municipal IDs

From National Center for Transgender Equality: “In August 2019 the governor signed HB 3534 mandating gender neutral "X" designations be added to all state forms. The Secretary of State has indicated that this option may not be available on driver's license until the year 2024.”

To correct the gender marker on an Illinois birth certificate, an individual must submit to the Department tan Affidavit and Certificate of Correction Request form and a Declaration of Gender Transition/Intersex Condition form and pay a $15.00 fee. The Affidavit and Certificate of Correction Request form must be completed by the individual and be notarized. The Declaration of Gender Transition/Intersex Condition form must be completed by a licensed health care professional or licensed mental health professional. For individuals who are correcting their designation to the gender neutral option, they and their provider should mark “X” as the sex designation for the corrected birth certificate. Learn more here.

The Chicago Office of the City Clerk also offers options for “NB (non binary)” and “No gender marker on CityKey” on its application form for Chicago municipal ID cards, also known as CityKey.

Indiana

Birth Certificates, Driver's Licenses, State IDs

To apply for an amended birth certificate with an “X” gender marker, applicants must submit a certified court order from any valid court in the US (the court order must have the person's name, date and place of birth, and must say to change the original gender of the person on the birth certificate), an application for a birth certificate, a copy of a photo ID with current mailing address, and a fee (National Center for Transgender Equality).

To apply for an amended driver’s license or state ID with an “X” gender marker, applicants must provide an amended birth certificate.

Maine

Birth Certificates, Driver's Licenses, State IDs

As of 2019, applicants can apply to amend their Driver’s License and State ID with an “X” gender marker by completing a Gender Designation Form in addition to providing the other documentation outlined on this page.

On July 15, 2020, the state of Maine announced the inclusion of "X" gender markers on birth certificates. An individual notarized application submitted to the Maine Vital Records Office with a copy of a photo ID and $15.00 is required to change the gender on a birth certificate. More information here.

Maryland

Driver's Licenses, State IDs

As of October 1, 2019, legislation passed by the Maryland General Assembly allows applicants to select “X” (unspecified or other) without the need of presenting documents to verify the gender selected. Applicants will make the selection and certify the choice as part of the application process. More information can be found here.

Massachusetts

Driver's Licenses, State IDs

To amend a driver’s license or state ID with an “X” gender marker, applicants will need to fill out an application and bring the completed form to an RMV service center.

Minnesota

Driver's Licenses, State IDs

Sex is a self-designated descriptor on Minnesota driver’s licenses and state IDs, which include an “X” option. Applicants are not required under state or federal law to present documentation that confirms the information they submit for self-designated descriptors. To change a driver’s license or state ID, applicants may submit an online application.

Nevada

Birth Certificates, Driver's Licenses, State IDs

Nevada Vital Records will amend birth certificates with an “X” gender marker upon receipt of two affidavits reflecting an individual's gender (NAC 440.030). More information is available here.

Nevada driver's licenses and ID cards indicate the gender selected on the application, which includes a “Non-Binary (X)” option. Medical certification of a gender change is not necessary. To amend a driver’s license or state ID, applicants must visit a DMV. This cannot be done online or through the mail. More information is available here.

New Hampshire

Driver's Licenses, State IDs

Individuals may amend a NH driver’s license or state ID with an “X” gender marker by completing a Change of Gender Designation Form, which includes a certification by a licensed and qualified health care provider. “This form must be brought to any DMV office in person. A new picture will be taken, and a duplicate NH Driver License or Non-Driver Identification card will be printed. The fee is $10.00, and the individual's current NH License or Non-Driver Identification card shall be surrendered.” (NH DMV)

New Jersey

Birth Certificates

New Jersey will re-issue a birth certificate with a completed and signed Request Form and Attestation to Amend Sex Designation on a Birth Certificate for an Adult to reflect Gender Identity, proof of identity, and a fee. Amendment requests are not accepted in-person and must be mailed in. If amending a minor’s birth certificate, a Parent/Guardian Request Form and Attestation to Amend Sex Designation on a Birth Certificate for a Minor to Reflect Gender Identity and proof of identity of the parent or guardian must be submitted. More information is available here.

New Mexico

Birth Certificates

"Individuals who were born in New Mexico and want to change the gender designation or the gender designation of their child on the birth certificate to do so by completing the appropriate request form through the Bureau of Vital Records. The new law will allow for Male, Female and X as acceptable options.” (NM Department of Health) For adults, the Request to Change Gender Designation on a Birth Certificate: Adult Form must be completed. For minors, the Request to Change Gender Designation on a Birth Certificate: Parent/Legal Guardian Form or the Request to Change Gender Designation on a Birth Certificate: Two Parent Signature Form must be completed. If the minor is 14 years old or older, they must sign the Request to Change Gender Designation on a Birth Certificate: 14 Years of Age or Over Consent Form. All forms must be signed in the presence of a Notary Public. A $20.00 fee must also be paid.

New York

New York City: Municipal Birth Certificates

As of January 1, 2019, people born in New York City can amend the gender marker on their birth certificate to “X” by mailing in a completed and notarized Birth Certificate Correction Application Form, a signed copy of current photo identification, and a fee.

Ohio

Birth Certificates

In 2012 an intersex person successfully petitioned to revise the gender on their birth certificate to “hermaphrodite.” Besides this, “Male” and “Female” remain the only options on all IDs.

Oregon

Birth Certificates, Driver's Licenses, State IDs

Effective January 1, 2018, an individual's attestation is accepted to change the name and/or sex designation on an Oregon birth certificate. To amend a birth certificate, mail or submit in person a notarized Application and the applicable fee.

Oregon offers “X” gender markers on driver’s licenses and state IDs. “To change the sex identifier on your driver license or ID card: Go to a DMV office; Turn in a completed application with the desired indicator marked; Meet the requirements for issuance of a renewal or replacement license or ID card; and Pay the renewal or replacement fee.” (Oregon Department of Transportation)

Pennsylvania

Driver’s Licenses, State IDs

To change an ID, bring a completed Form DL-32 to any PennDot Driver License Center in person and pay applicable fee ($30.50). The form does not require a medical or social service provider to sign off.

Rhode Island

Birth Certificates, Driver's Licenses, State IDs

From the Rhode Island Department of Health website: The State of Rhode Island allows people to amend the gender marker on their birth certificate (which includes an “X” option) by submiting an affidavit written by an approved health care provider. The Health Department will then create an affidavit that must be signed by the applicant (if they are age 18 or older), or the applicant's parent(s), legal guardian(s) or legal representative. It will also be signed and notarized by a Health Department staff member. A government-issued photo ID, an Application for a Certified Copy of a Birth Record, and a fee are also required.

From the Rhode Island Department of Health website: The Rhode Island Division of Motor Vehicles is currently working on accommodating non-binary gender on driver’s licenses. However, it does not yet issue driver's licenses reflecting the choice of the "X" designation at this time.

Utah

Birth Certificates, Driver's Licenses, State IDs

Since 2017 and 2018 respectively, Utah has issued few “X” gender markers on birth certificates and driver’s licenses. This is the result of court orders. Currently, there is no other process by which this can be requested.

Vermont

Driver’s Licenses, State IDs

From the Vermont DMV website: Gender is considered a self-designated descriptor for Vermont driver’s licenses and state IDs. Applicants are not required under Vermont or federal law to present documentation that confirms the information they submit for these entries. Applications list the third option as “other,” and the marking on the credential or license under gender will be “X.” To amend a driver's license or state ID, submit an applicatio, proof of identity, and fee. More information is available here.

Washington

Birth Certificates, Driver's Licenses, State IDs 

Adults over 18 or emancipated minors must submit a notarized 422-143-Request to Change Sex Designation on a Birth Certificate for an Adult form. Emancipated minors must also include proof of legal emancipation. Minors must submit a notarized 422-144-Request to Change Sex Designation on a Birth Certificate for a Minor form that is signed by their parent or guardian. The form must be signed by a licensed health care provider or licensed mental health care provider. More information can be found here.

As of November 2019, individuals can now also self-attest their gender on driver's licenses and state IDs by mailing a Change of Gender Designation Request form, along with a copy of their valid DOL-issued document, to the address on the form, free of charge.

Washington, D.C.

Driver's Licenses, City IDs

Applicants establishing or requesting to change the gender designation on their driver’s license or ID card must submit a completed and signed Gender Designation form, pay applicable fees for a new or amended license, and have a new photograph taken. “X (Unspecified/Other)” is an option on the Gender Designation form.