Puerto Rico Just Made History With ‘X’ Gender Birth Certificate Ruling

Puerto Rico’s Supreme Court has ruled that nonbinary and gender-nonconforming residents can now slap an “X” on their birth certificates — no ifs, ands, or buts. On May 30, the court issued a landmark decision that forces the Demographic Registry to add “X” as a selectable gender marker alongside “M” and “F.” The decision strikes down a policy that had arbitrarily barred people outside the binary from having their identity officially recognized.

Here is a look at how the Supreme Court came to its decision.

The Puerto Rico gender standards were outdated, according to the plaintiffs.

Six brave plaintiffs — Puerto Ricans who’d long felt squeezed by an outdated system — filed suit against the island’s governor, health secretary, and other officials. They argued that denying them the “X” option violated their right to equal protection under the Fourteenth Amendment. The court agreed, finding zero rational basis for penalizing nonbinary folks just because they don’t conform to “male” or “female.” The ruling ordered an update to the gender-change application form so “X” appears front and center.

Activists immediately lit up in celebration, with Pedro Julio Serrano, President of Puerto Rico’s LGBTQ+ Federation, calling the decision “historic.” At a time when nonbinary, gender-nonconforming and trans communities are under attack, this historic decision opens the door to the full recognition of their dignity,” said Serrano via Go Mag. “We celebrate a milestone that allows the equality promised in the Constitution to be put in practice.”

Governor Jenniffer González Colón, meanwhile, took a more low-key stance. She told reporters she’s “reviewing the ruling” and awaiting guidance from Puerto Rico’s Justice Department before rolling it out, according to AP.

Now, 17 U.S. states have ‘X’ as a gender option.

This move puts Puerto Rico in good company. At least 17 U.S. states and territories already let residents pick “X” on birth certificates, IDs, or driver’s licenses, according to US Birth Certificates. California and Oregon led the charge. In September 2017, California rolled out an opt-in “X” on birth certificates — no doctor’s note required — and by January 2019, it was official policy. Oregon’s courts paved the way even earlier: a 2016 ruling granted nonbinary residents an “X” marker, and by January 2018 anyone could amend their birth certificate with a simple self-attestation form.

Since then, more states have jumped on the bandwagon. Illinois’ new law took effect in July 2023, adding “X” to birth certificates without medical proof. Massachusetts followed in July 2024, letting people update theirs with zero extra paperwork. Michigan rolled out its opt-in “X” back in November 2021.

On the East Coast, Connecticut, New Jersey, New York, and Rhode Island all green-lighted the “X” option between 2019 and 2023. Connecticut and New York allow amendments with a simple doctor’s letter or notarized affidavit, respectively. New Jersey’s registrar began issuing “Undesignated/nonbinary” birth certificates in February 2019, and Rhode Island has had “X” since June 2020. And don’t sleep on D.C. Since June 2017, residents there have tapped “X” on amended birth certificates with only a doctor’s affidavit of treatment required — no surgery necessary.

Do you believe every U.S. state and territory should offer a gender-neutral “X” option? Comment below!

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