A new lawsuit is challenging the State of Arkansas’ policy shift away from gender-neutral driver’s licenses.

The American Civil Liberties Union of Arkansas filed the lawsuit on behalf of five plaintiffs Tuesday against the state Department of Finance and Administration, which said in March it was rescinding its policy allowing for a gender-neutral option on driver’s licenses. Drivers could previously list “X” on their licenses instead of choosing between male or female.

The lawsuit argues the rule was implemented without adequate notice or any opportunity for public comment, in conflict with existing Arkansas law. The ACLU says the department also has failed to demonstrate any urgent threat to public health or safety that the policy change is addressing.

Arkansas ACLU sues to restore gender-neutral driver’s licenses