The Arkansas Supreme Court released a formal order in an ongoing legal battle over gender-neutral IDs on Monday.
In March, the Arkansas Department of Finance and Administration (or DFA) proposed and executed an emergency rule that banned the use of gender-neutral ‘X’ markers on state IDs. In response, the Arkansas ACLU filed a lawsuit against the DFA on the grounds that the emergency rule was improperly conducted, and the change itself challenges the rights of nonbinary and intersex Arkansans.
Last month, a Little Rock circuit judge overturned the emergency rule, explaining the DFA did not follow proper protocol and failed to provide enough evidence to signify the previous rule caused "imminent peril" to Arkansans. On Monday, the Arkansas Supreme Court reversed this ruling. In a one-page formal order, the Supreme Court upheld the emergency rule under an expedited request. The Court did not give an explanation for its decision.
The Arkansas ACLU released a response to Monday’s ruling via social media, which states, “We unequivocally oppose the emergency rule, which strips Arkansans of the option to self-identify their gender and removes the X marker from state IDs. This rule contradicts medical consensus and violates fundamental principles of privacy and equality.”
The reinstated emergency rule will expire on July 14 unless replaced by a permanent rule. The period for public comment on the rulemaking process ends tomorrow, Thursday, June 27. Individuals may continue to submit their written comments to the DFA via email (public.comment@dfa.arkansas.gov) or P.O. Box (P.O. Box 1272, Little Rock, Arkansas 72203).
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