Ulster County Clerk Urges Secretary of State to Reinstate ‘X’ Gender Marker on Passports

Acting Ulster County Clerk Taylor Bruck has sent a letter to U.S. Secretary of State Marco Rubio expressing significant concerns over the Department of State’s recent decision to suspend the processing of passport applications that include an ‘X’ gender marker for non binary individuals.

In the letter, Bruck calls the policy change a “step backward in terms of inclusivity and equality,” urging the department to reconsider its decision and reinstate the ‘X’ option. Bruck says that this move is a deviation from established procedures for verifying identity and citizenship in passport applications, and it undermines the dignity of non binary individuals.

Bruck spoke to Radio Catskill’s Tim Bruno on Friday afternoon.

The introduction of the ‘X’ gender marker in U.S. passports in 2021 was heralded as a breakthrough for nonbinary, transgender, and intersex individuals, providing an official document that more accurately reflects their identities. The suspension of the ‘X’ marker last month has sparked outrage from LGBTQ+ rights organizations and individuals alike.

Legal groups like the American Civil Liberties Union (ACLU) have long argued that access to accurate identity documents is essential for transgender, nonbinary, and intersex people to navigate society without discrimination.

In his letter, Bruck said that the passport application process itself does not require an assessment of gender. According to the Passport Agent Reference Guide, acceptance agents are only responsible for verifying identity and U.S. citizenship, without the need to address an applicant’s gender. Bruck pointed out that introducing restrictions based on gender markers, such as the ‘X’ designation, places an unnecessary and discriminatory burden on passport agents, diverting attention away from their primary duties.

According to research from the Williams Institute, the absence of appropriate gender markers on identification documents increases the risks of discrimination and mental distress for transgender and nonbinary people. Bruck said that removing the ‘X’ marker would exacerbate these risks, contradicting the Department of State’s commitment to fairness and equality.

Bruck urged Secretary Rubio to reconsider the policy change, framing the decision as inconsistent with the values of inclusivity and justice upon which the U.S. was built. “The suspension of the ‘X’ gender marker on passports is a misguided policy that undermines the rights and dignity of nonbinary individuals,” the letter states. “It places undue burdens on passport agents and introduces unnecessary barriers for applicants.”

The Department of State has yet to publicly respond to Bruck’s letter.

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