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Rokita appeals ruling on nonbinary gender marker for licenses, IDs

Attorney General Todd Rokita appealed a county judge's ruling that would have required the BMV to allow a nonbinary gender marker for driver's licenses and IDs.
Attorney General Todd Rokita appealed a county judge's ruling that would have required the BMV to allow a nonbinary gender marker for driver's licenses and IDs.

A judge’s ruling from late last year would allow people to use a nonbinary gender marker – X – on their driver’s licenses through the Bureau of Motor Vehicles.

Attorney General Todd Rokita is appealing that ruling, trying to stop such gender markers.

The BMV first adopted a policy of allowing nonbinary gender markers on licenses and IDs in 2019. But  it quickly halted that after then-Attorney General Curtis Hill issued an opinion that said such a policy would need General Assembly approval.

READ MORE: BMV Hears Public Comment On Driver's License Gender Change Proposal

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A group of anonymous Hoosiers sued. And in December 2022, they won when a Monroe County judge ruled that the BMV’s denial of a nonbinary gender marker violated the federal constitution.

Rokita wants to reverse that ruling, pursuing an appeal with the Indiana Court of Appeals.

There is no current timetable for when the court will hear the case.

Brandon is our Statehouse bureau chief. Contact him at  bsmith@ipbs.org or follow him on Twitter at  @brandonjsmith5.

Brandon J. Smith has previously worked as a reporter and anchor for KBIA Radio in Columbia, MO. Prior to that, he worked for WSPY Radio in Plano, IL as a show host, reporter, producer and anchor. His first job in radio was in another state capitol, in Jefferson City, as a reporter for three radio stations around Missouri. Brandon graduated from the University of Missouri-Columbia with a Bachelor of Journalism in 2010, with minors in political science and history. He was born and raised in Chicago.