The ACLU is taking the state of Arkansas to court over a recent policy change that makes it more difficult to change gender identities on driver’s licenses. The ACLU lawyers filed a lawsuit on Tuesday against the Department of Finance and Administration in Pulaski County Circuit Court.
The DFA made a ruling in March that prevents people from using “X” as a gender identity option on an Arkansas driver’s license. They can only choose between “M” or “F”. The ruling stated that the license holder’s gender identity must be the same as their birth certificate.
The lawsuit claims that a policy in Arkansas that allowed transgender individuals to choose their gender as “X,” “M,” or “F” on their driver’s license has been overturned. This policy had been in place since at least 2010.
The plaintiffs argue in the lawsuit that the rule change was implemented without following state law. They claim that an emergency clause was used to put the rule into immediate effect.
The lawsuit is requesting a legal decision that states the emergency rule is not valid. It also asks for a temporary and permanent order to stop enforcing the rule and go back to the previous policy.
John Williams, the Legal Director of the ACLU of Arkansas, stated that there was no emergency in addition to the lawsuit.
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“According to Williams, the law states that agencies must listen to the people who are affected by their rules,” “Agencies cannot create fake emergencies to avoid taking responsibility.” “DFA did not ask for public input as they were supposed to by law. Now, we will express our concerns in court.”
The lawsuit states that the five plaintiffs are transgender, nonbinary, and intersex individuals from Arkansas. They are seeking to have their state-issued driver’s license reflect their gender identity.
The Executive Director of the ACLU of Arkansas, Holly Dickson, said that implementing the new rule without enough comments has the opposite effect of what was intended.
“According to Dickson, this rule is not protecting the people of Arkansas. Instead, it is putting their safety, mental health, and ability to fully engage in society at risk,” said Dickson.
Attorney General Tim Griffin stated that his office is currently reviewing the lawsuit and is prepared to defend the Department of Finance and Administration in court.
“The DFA Secretary, Jim Hudson, stated that licenses and IDs are issued by the DFA based on factual information,” Our emergency rule was created by the DFA and the General Assembly to make sure that our citizens and the people who depend on the licenses and IDs we provide are safe. DFA is implementing this policy in a way that shows respect to everyone. We plan to strongly defend this policy in court.
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