New York to allow gender 'X' option to those applying for food stamps, social services

New York state will allow applicants for social services to categorize themselves with an "X" for their gender following a lawsuit against several government agencies.

A recent settlement was reached stemming from a 2021 lawsuit that claimed those who believe they are "nonbinary" were being discriminated against because they were not allowed to identify as gender "X."

Plaintiffs in the case said the “outdated” state system forced people to lie under oath about their gender identity.

“I was forced to choose between M or F, male or female, as a gender marker, which neither really align with how I express myself or feel inside. So that was particularly traumatic, especially during such a vulnerable time,” said plaintiff Jules Donahue, according to the Associated Press.

Marking himself as male on the form didn't "feel as authentic to [him] as X," Donahue added.

The settlement requires the state's public assistance and health agencies to make the "X" available to applicants by January 1, 2024. The change comes despite the gender marker on the forms being used for internal systems only, not public documents.

The Office of Temporary and Disability Assistance told local outlet WCAX 3 that a multimillion-dollar software upgrade would allow the government systems to allow the additional gender option.

“This is a major victory for the thousands of nonbinary New Yorkers who will be able to seek public benefits without being forced to lie about their identity or risk being misgendered,” New York Civil Liberties Union attorney Gabriella Larios said in a statement, according to WCAX 3.

New York added the same option to government IDs in 2021, allowing for gender "X" on birth certificates and driver's licenses. The legislation was signed into law by then-Governor Andrew Cuomo.

The NYCLU said at the time that the move would "bring an end to the government-sanctioned stigma, red tape, and discrimination that has accompanied New Yorkers seeking identity documents that reflect who they are for far too long.”

The OTDA, state health department, New York City Department of Social Services, and even the former governor were all named in the 2021 lawsuit.

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