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New York to Introduce ‘X’ Gender Marker on Public Assistance Forms

New York to Introduce ‘X’ Gender Marker on Public Assistance Forms

X gender markers

The move, expected by January 1, comes after a 2021 lawsuit, creating a more inclusive process for nonbinary individuals seeking state aid.

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In a recent court settlement, New Yorkers have been granted the option to select an “X” gender marker when applying for public assistance programs such as food stamps and Medicaid, the Associated Press reports.

This settlement brings closure to a 2021 lawsuit against multiple government agencies. The lawsuit argued that the state Office of Temporary and Disability Assistance’s computer system unfairly necessitated nonbinary individuals to inaccurately identify as either male or female under oath or face denial of benefits.

According to the settlement terms, state public assistance and health agencies will introduce the “X” gender markers on relevant forms by January 1. Additionally, the New York City Human Resources Administration has been given the green light to offer this gender marker on documents ahead of the January 1 deadline, as stated by the New York Civil Liberties Union (NYCLU), which led the lawsuit representing several plaintiffs.

The Associated Press also points out that the provision for a nonbinary gender marker is already in place on New York driver’s licenses and birth certificates. When the lawsuit was initially filed, the Office of Temporary and Disability Assistance had mentioned that a significant software upgrade, estimated to be in the millions, would be required to accommodate this gender marker addition.

Reflecting on the settlement, Gabriella Larios, an attorney with the NYCLU, underscored its significance.

“This is a major victory for the thousands of nonbinary New Yorkers who will be able to seek public benefits without being forced to lie about their identity or risk being misgendered,” Larios told the news wire.

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Christopher Wiggins

Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).
Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).