For the first time in Massachusetts’ history, non-binary people – those who do not identify as male or female – would be allowed to select “X” as their sex designation on their birth certificate and/or driver’s license.
Last week, the state Senate unanimously voted to pass “An Act relative to gender identity on Massachusetts identification,” a bill that would give way to greater representation of the queer community on state documents.
“Giving people the opportunity to be who they are is a human right, and one that we are proud to extend to every member of the Commonwealth, regardless of how they identify,” said Senate President Karen E. Spilka in a statement. “Allowing a nonbinary option for state licenses and birth certificates is fundamental to building a society that welcomes, protects, and respects all individuals.”
Currently, it’s impossible for Bay State residents to change their sex designation, unless they’ve provided to the state a formal note from a physician that states the resident has completed medical intervention. If the legislation is made into law, residents would only need to present a signed affidavit “attesting that the request is to conform to the person’s gender identity and is not made for any fraudulent purpose” to change their sex designation.
Massachusetts is one step closer to joining 26 other states around the country that allow residents to change the sex designation on their birth certificate without court or medical documentation. And 16 states allow residents to have an “X” designation on their birth certificate.
Although the state’s RMV began offering the gender “X” option on state IDs and driver’s licenses in 2019, this bill would seal the designation into law.
As for now, the bill waits for House approval.
“People know what gender they are. This bill affirms the ability of people to choose a non-binary gender option on state documents and forms, which would align the Commonwealth with many other states that have adopted this designation,” said Senator Jo M. Comerford, Democrat from Northampton in a statement. “The Senate sponsor of the bill. “I am grateful to Senate President Spilka for advancing the work on this bill before I took office, and to Senate Ways and Means Chair Michael Rodrigues for his support of this legislation. Together, with our partners in the House, we will continue to move our commonwealth to embrace this basic human right.”
