The US Court of Appeals for the Tenth Circuit on Tuesday reversed and remanded a decision by the State Department rejecting an intersex passport application.
The State Department has historically applied a binary approach to identifying passport applicants based on their sex. In getting approved for a passport, everyone must be classified as either male or female. However, this has posed a problem for Dana Zzyym, who is intersex and does not identify as male or female. Zzyym requested a passport with an “X” for their sex because male or female would be inaccurate, and they supplied a letter from a physician confirming that they are intersex.
