Puerto Rico Supreme Court allows nonbinary gender marker X on birth certificates

Puerto Rico’s Supreme Court recently made a groundbreaking decision that will have a significant impact on nonbinary and gender-nonconforming individuals in the territory. The court ruled in favor of allowing individuals to update their birth certificates to reflect their gender identity, specifically allowing for the option of selecting “X” as their gender marker.

The decision came as a result of a lawsuit filed by six non-binary individuals who were born in Puerto Rico. These individuals argued that the current Birth Certificate Policy in the Commonwealth violated their right to equal protection under the Fourteenth Amendment of the United States Constitution. The court agreed with their argument and determined that denying nonbinary individuals the ability to update their birth certificates constituted unjust discrimination.

Pedro Julio Serrano, the president of Puerto Rico’s LGBTQ+ Federation, hailed the court’s ruling as a historic step towards equality. The decision not only affirms the rights of nonbinary and gender-nonconforming individuals in Puerto Rico but also sets a precedent for other jurisdictions to follow suit.

Despite opposition from the defendants in the case, who cited the government’s interest in maintaining accurate vital records, the court maintained that there was no rational basis for denying nonbinary individuals the right to update their birth certificates. The Commonwealth of Puerto Rico already allows for amendments to birth certificate information, including gender markers, making the argument against this policy change unfounded.

Legislation has been enacted to ensure that the original birth certificates are preserved by the state in the event of modifications. This measure aims to balance the need for accurate record-keeping with the imperative of respecting individuals’ gender identities.

Puerto Rico now joins a growing number of states in the U.S. that permit residents to include nonbinary or gender-neutral sex on their birth certificates. This move towards inclusivity and recognition of diverse gender identities is a crucial step towards creating a more equitable and affirming society for all individuals.