Puerto Rico permits nonbinary gender marker on birth certificates in landmark court decision

Puerto Rico’s Supreme Court has reached a decision to allow nonbinary and gender-nonconforming people to update their birth certificates.

The action was brought about by six non-binary individuals born in Puerto Rico who filed a lawsuit claiming that “the Commonwealth’s current Birth Certificate Policy violates the right to equal protection under the Fourteenth Amendment of the United States Constitution, according to the court filing.”

The court’s decision will now allow people who identify as nonbinary or gender-nonconforming to select “X” as their gender marker on birth certificates.

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A Puerto Rican flag flies in the capital.  (AP Photo/Ricardo Arduengo)

In the filing, the court explains that there would be no rational basis to deny the request.

“The current Birth Certificate Policy of the Commonwealth of Puerto Rico arbitrarily distinguishes between binary and nonbinary individuals and subjects nonbinary individuals to disfavored treatment, without any justification for doing so. In such cases, it is the duty of the federal courts to intervene, to guarantee the equal protection of all persons under the law,” it states.

Pedro Julio Serrano, president of Puerto Rico’s LGBTQ+ Federation, called Friday’s ruling a historic one that upholds equality, according to the Associated Press.

Puerto Rico Supreme Court allows nonbinary and gender-nonconforming individuals to update birth certificates, marking a historic step for equal protection rights. (Getty Images)

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The defendants named in the case opposed the request, arguing that “the government of the Commonwealth of Puerto Rico has a legitimate interest in maintaining vital records and statistics regarding its citizens.”

The filing argued that this argument ignores the fact that the Commonwealth already permits its citizens to amend information on their birth certificates, including modifying the gender marker.

FILE: Demonstrators touch a giant Puerto Rican flag from underneath as they protest. (AP Photo/Ricardo Arduengo, File)

The legislators have already enacted legislation to ensure that, in the case of modifications, the original, unaltered birth certificates are preserved by the state.

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Puerto Rico joins at least 17 U.S. states that permit their residents to include the nonbinary or gender-neutral sex on their birth certificates.