(BOSTON—7/27/23) The Massachusetts Senate on Thursday voted unanimously to pass An Act relative to gender identity on Massachusetts identification, a bill that would allow, for the first time in Massachusetts history, an individual to be identified with a non-binary “X” sex designation on their birth certificate, and enshrine into law the current practice of allowing an individual to select a non-binary “X” gender designation on their driver’s license. This is the fourth consecutive session during which the Senate has adopted similar legislation.
“Giving people the opportunity to be who they are is a human right, and one that we are proud to extend to every member of the Commonwealth, regardless of how they identify,” said Senate President Karen E. Spilka (D-Ashland). “Allowing a nonbinary option for state licenses and birth certificates is fundamental to building a society that welcomes, protects, and respects all individuals. I first introduced similar legislation as a senator back in 2017, and I’m grateful to Senator Comerford for her steadfast leadership on the issue this session, and to Senator Creighton for his support and advocacy for moving this bill along. I am as hopeful as ever that Massachusetts will be able to enshrine this change into our state laws this session, and continue welcoming everyone into our Commonwealth with open arms.
“People know what gender they are. This bill affirms the ability of people to choose a non-binary gender option on state documents and forms, which would align the Commonwealth with many other states that have adopted this designation,” said Senator Jo M. Comerford (D-Northampton), the Senate sponsor of the bill. “I am grateful to Senate President Spilka for advancing the work on this bill before I took office, and to Senate Ways and Means Chair Michael Rodrigues for his support of this legislation. Together, with our partners in the House, we will continue to move our Commonwealth to embrace this basic human right.”
“Everyone deserves the right to their own self-identity, and identification documents should reflect that,” Senator Brendan P. Crighton (D-Lynn), Co-Chair of the Joint Committee on Transportation. “Thank you to President Spilka and Senator Comerford for their continued leadership on this important policy change, as well as the many individuals who bravely shared their lived experiences to help move this bill forward.”
Under current law, it is impossible to have a sex designation of “X” listed on a birth certificate in Massachusetts, and in order to change one’s sex designation, an applicant must provide a notarized statement from a physician stating that the individual has completed medical intervention.
The legislation passed today would allow an individual to be identified with an “X” sex designation on their birth certificate. In addition, the legislation allows any person over the age of 18, emancipated minor, or parent of a minor, to request a change in the sex designation on a birth certificate without being required to present any medical documentation, court order, or proof of name change. Individuals would only need to present a signed affidavit “attesting that the request is to conform to the person’s gender identity and is not made for any fraudulent purpose.” The legislation also makes it easier for individuals who change the sex designation on their birth certificate to also change the name on their birth certificate.
The legislation would put Massachusetts alongside 26 states around the country which currently allow residents to change the sex designation on their birth certificate without the need for a court order or medical documentation. 16 states currently allow residents to have a sex designation of “X” on their birth certificate.
On drivers’ licenses, individuals are currently allowed to select “X” as their gender designation; however, the practice is not codified into law. This bill would enshrine this option into state law, to ensure residents will always have this option. Massachusetts is currently one of 22 states that allow residents to have a gender designation of “X” on state drivers’ licenses.
The legislation also directs the administration to develop a plan to add a non-binary option on all forms or documents issued by state agencies that require a gender to be listed.
While considering the bill, the Senate unanimously adopted an amendment from Senator Barry Finegold (D-Andover). that empowers individuals to amend the gender designation on their marriage certificate to conform with their gender identity.
The bill now heads to the Massachusetts House of Representatives for consideration.
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