Attorney General Griffin secures Arkansas Supreme Court dismissal of driver's license gender identification lawsuit

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after the Arkansas Supreme Court entered an order in Arkansas Department of Finance and Administration v. Gallagher dismissing the lawsuit challenging the department’s emergency rule on driver’s license gender identification:

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“I am pleased that the Arkansas Supreme Court granted my motion to dismiss this lawsuit against the Department of Finance and Administration, which has brought its driver’s license gender identification rule into compliance with the law. The Department’s rule must comply with state law, therefore, today’s order is a win for the rule of law.

“I congratulate Solicitor General Nicholas Bronni and Deputy Solicitor General Dylan Jacobs on their successful efforts in this matter.”

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Legislative committee approves rules on electronic signatures, gender-neutral IDs

KUAR | By Josie Lenora

Members of the Arkansas Legislative Council approved two controversial rule changes in a meeting Friday: the first had to do with elections, while the second had to do with gender-neutral driver's licenses.

Driver's licenses

The Department of Finance and Administration recently implemented a rule requiring the letter “M” or “F” to be listed under “sex” on all driver’s licenses or state-issued IDs. Right now, a few hundred Arkansans have “X” listed instead of "M" or "F".

Democratic lawmakers protested the rule change, saying it was harmful to transgender and nonbinary Arkansans. Rep. Andrew Collins, D- Little Rock, said the rule change goes beyond the purview of what the Department of Finance and Administration is allowed to do.

Legislative committee approves rules on electronic signatures, gender-neutral IDs

Dwain Hebda/Arkansas Advocate

The Arkansas Legislature approved two controversial rules at a legislative meeting Friday.

DFA hears public comment on gender-neutral ID rule

KUAR | By Josie Lenora

On Friday, officials with the Arkansas Department of Finance and Administration heard public comment on a rule change regarding driver's licenses and state IDs.

Under the gender section on their license or state ID, Arkansans were previously able to put an “X” instead of “M” or “F.” Arkansans could also change their gender marker on their license or state ID to reflect the gender with which they identify. DFA says the option was only used in about 500 cases.

In March, the department got legislative approval to stop the practice. DFA Secretary Jim Hudson told lawmakers he did not know of anyone who had been harmed by the policy. But, he said the rule change was necessary to prevent “potential harm.”

DFA hears public comment on gender-neutral ID rule

David Monteith/Little Rock Public Radio

The Arkansas Department of Finance and Administration held public comment on licenses and state IDs.

Lawsuit challenges Arkansas ban on gender-neutral IDs

KUAR | By Josie Lenora

The suit says Arkansas' ban on gender-neutral driver's licenses and state IDs causes harm and was rolled out improperly.

Ariana Remmel started using they/them pronouns in their late twenties. Born and raised in Little Rock, they grew up not knowing the meaning of the term “non-binary.”

“I can look back at some of the challenges I had as a kid where I felt like I was consistently bumping up against gender stereotypes; in how I was expected to behave in social situations, in academic performance," they said. "It really caused a lot of problems for me that contributed to mental health challenges.”

When they moved to the West Coast, Remmel decided to change their license to reflect their gender identity. Under “sex” on their California driver's license, Remmel put an “X.”

Lawsuit challenges Arkansas ban on gender-neutral IDs

LA Johnson/NPR

Arkansans can no longer opt to choose "X" under the sex designation on their driver's licenses or state-issued photo IDs due to a rule change by the Department of Finance and Administration.

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

KUAR | By Daniel Breen

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

Arkansas Department Of Finance And Administration

A sample of an Arkansas driver's license with "M" listed under "sex."

Arkansas lawmakers ban gender-neutral ID’s

KUAR | By Josie Lenora

A policy ending gender-neutral driver's licenses and state IDs in Arkansas has officially gone into effect. The Arkansas Legislative Council on Friday voted to approve the rule change put forward by the state Department of Finance and Administration.

Driver's licenses and state IDs list a person's sex. Previously, Arkansans could put an “X” in this section instead of a “M” or “F” as in male or female. The policy stops the gender-neutral option, which only 516 Arkansans have opted for. It also bars people from changing the “M” or “F” without documentation, something allowed for the past 14 years.

The approval was made along with a package of other rule changes approved by the committee. Democratic lawmakers unsuccessfully attempted to remove the policy change from the package of rules they were to vote on.

Arkansas lawmakers ban gender-neutral ID’s

Chris Hickey/Little Rock Public Radio

The policy change doing away with gender-neutral driver's licenses and IDs went into effect after the Arkansas Legislative Council adjourned Friday.