When Dana Zzyym was born in 1958 , the hospital left the " gender " accounting entry on the birthing credential blank . That ’s because Dana , like an estimated0.05 to 1.7 percentof the world ’s universe , was carry epicene . Their physical trait at birth were n’t clearly virile or female , but something else ( Dana uses the pronouns " they , " " them " and " their " ) . Dana was raised as a son , but only after painful , unnecessary , and ultimately unsuccessful surgeries to " correct " their genitalia .

Dana serve six years in the U.S. Navy as a human race , after which they decide to identify as intersex and take up the crusade of intersex activism to protect other children from traumatic aesculapian procedure . design to attend an hermaphrodite rights conference in Mexico City , Dana put on for a pass . Since the only two gender choice on the software were " M " or " F , " Dana wrote in the word " androgyne " and provided a freestanding letter explaining that they were neither male or female . Dana ’s passport software was deny .

In 2015 , after submitting two morepassportapplications including letters from VA physicians indorse that they were not male or distaff — plus a copy of the original white birth certificate — Dana decide tosue the U.S. State Department . Dana ’s attorney is Paul Castillo of Lambda Legal , an advocacy mathematical group for LGBT rights .

us travel document

" It ’s critically important for gender divers individuals to have a sex marker that reflects who they are , " says Castillo , who is oppose for Dana ’s right wing to have an " tenner " on their pass for " unspecified , " similar to pass already issued by several nation , let in Australia , Germany andmost of late Canada . " give birth the unseasonable gender marker can do problems . An inaccurate marker on their ID exposes them to being outed as a trans person , which increase the already severe risk that they have to secernment and wildness . "

Dana ’s cause is part of a bigger movement to revamp government document to more accurately contemplate modern notions of sex and grammatical gender . Traditionally , gender and sexuality were lumped together , but we now understand sex to be a complex compounding of factors , including genetic science , outward-bound physical characteristics , hormones and perhaps most importantly , sex identity . Gender identityis the inborn sense of being male or female , or in the fount of intersex and non - binary mortal , neither .

Australia empty the first " 10 " gender category for passports all the style back in 2003 , but change in the U.S. has been slow . Transexual Americans are allowed to change the " M " or " F " sex markeron their passport , birth certificates and machine driver ’s licenses ( in most states ) with a physician ’s note substantiate their changeover . AndWashington D.C.andOregonhave passed legislation creating an " ecstasy " sexuality marker for gadget driver ’s licenses and state ID . But the State Department is still refusing to add " Adam " to passports .

Castillo says that the State Department ’s master objection to adding an " X " category is that it ’s going to cost money .

" Cost has never been a sufficient justification for discriminating against a somebody , particularly when it infringe on their constitutional rights to equal protection and indecorum , " say Castillo , who also contends that drive an androgyne soul to choose between " M " and " F " on a recommendation diligence is asking them to lie on a Union form .

Some trans and intersex militant believe that Dana ’s case does n’t go far enough . Groups like theGender - Free I.D. Coalitionin Canada think that it ’s time to scrub all citation of gender from ID document . Gender , they argue , is n’t a useful or even exact elbow room of identify someone , unless you ’re willing to see if their private parts equal their number one wood ’s license .

" You would n’t be title to ask somebody ’s race , sexual predilection or religion — and sexuality is exactly the same , " said barbara findley ( who spells her name all small letter ) , a lawyer with the Gender - Free I.D. Coalition , in theToronto Star . Castillo of Lambda Legal match .

" Most of these federal and state - issued Idaho have other mechanism for verifying personal identity : a photo , particular date of birth , height , an address , " say Castillo . " Gender traditionally has been determined entirely on the basis of what a medico sees in term of external genitalia at birth , and it ’s not always precise . It ’s their good guess . "

Benefits and Drawbacks of Removing Gender Identification

In 2012 , the International Civil Aviation Organization , the body that creates international standard for passports — like the " X " for " unspecified " — convey up the question of whether grammatical gender even belong on a passport . In itsreport , the ICAO acknowledged that wrong gender marker on some passport are a source of confusion for border authorities . It also noted that pass and border authorities already use face - recognition technology to equal IDs with database phonograph record , and that more land are capturing additional biomarkers like fingerprints and iris scan .

But the ICAO also noted the price of updating perimeter control software to remove the gender class , a reduction in some moulding authorities ' power to go risk - assessments on travelers establish in part on sexuality , as well as perhaps retentive check - in prison term for processing passport documents that do n’t display sexuality . In the end , the ICAO conclude that the costs of call off gender from passports ( " at this stage " ) outweigh the benefits to the comparatively small biotic community of intersex and non - binary individuals most affected by the subsist system .

Castillo has heard the same argument made in the U.S. to justify sticking with the gendered status quo on administration IDs — why should we change a whole system for such a tiny nonage of the great unwashed ?

" The formation is set up to protect every distinct group from discrimination , " says Castillo . " Our constitutional values do n’t say you need to be in the bulk to access your constitutional rights . favouritism is disallow , full catch . "