Monroe County Circuit Court has ruled Indiana BMV must reinstate nonbinary gender marker options on driver’s licenses.
“We’re pleased with the outcome of these cases because our clients’ statutory and constitutional rights to governmental recognition of their gender was upheld by the courts. People will once again be able to have consistent, accurate government records that reflect their gender,” said Megan Stuart, director of advocacy for Indiana Legal Services.
In June 2021, Indiana Legal Services sued the BMV and former Commissioner Peter Lacy on behalf of 13 plaintiffs to force the BMV to follow the law. They claimed that advisory opinions do not determine the agency’s compliance with existing legal obligations. The court also found that the BMV violated clients’ right to informational privacy by forcing applicants to choose a gender inconsistent with their gender identity.
The court’s decision written by Judge Holly Harvey aligns with other courts across the country on this constitutional issue of gender inclusion.
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