The Supreme Court of Puerto Rico has made a ruling permitting non-binary and genderless individuals to renew their birth certificates. This action came after six non-binary individuals, who were born in Puerto Rico, filed a lawsuit stating that the existing birth certificate policy contradicts their constitutional right to equal protection under Article 14 of the US Constitution.
This decision enables people who identify as non-binary or genderless to select “x” as their gender marker on their birth certificates. It’s an interesting move, considering that some lawmakers in Texas are currently pondering legislation to prohibit gender changes on birth certificates.
In its ruling, the court explained that there’s no solid justification for rejecting such requests. It noted that the existing policy unfairly differentiates between binary and non-binary individuals, unfairly disadvantaging the latter without valid reasoning. Basically, everyone deserves equal protection under the law.
Pedro Giulio Serrano, president of the Puerto Rico LGBTQ+ Federation, praised the ruling, calling it a historic affirmation of equality.
There was some opposition in the case, with the defendant arguing that the government of Puerto Rico has a legitimate interest in maintaining comprehensive records about its citizens. However, the counterpoint is that people already have the ability to modify certain aspects of their birth certificates, including gender markers.
Lawmakers have also passed measures to ensure that original, unamended birth certificates are retained by the state in case any changes are made. With this decision, Puerto Rico aligns itself with at least 17 other US states that permit residents to denote non-binary or gender-neutral options on their birth certificates.
