The Arkansas Department of Finance and Administration recently held a public comment session regarding a proposed rule change on how gender is displayed on drivers’ licenses. The DFA stated that the new rule would require licenses to list gender as male or female, based on the information on the license holder’s original or amended birth certificate.
For the past 14 years, Arkansans had the option to change their gender on their licenses or IDs or use an “X” without any questions asked. However, the proposed permanent rule change would mandate using the gender listed on the birth certificate. The DFA explained that this change is to ensure that the information on the license is verifiable.
During the public comment session, nearly a dozen individuals expressed their opposition to the proposed rule change. Pria Williams argued that the rule would not treat all Arkansans equally, while Brawlyn Smith highlighted the impact it would have on intersex individuals and those who do not neatly fit into male or female categories.
DFA Secretary Jim Hudson defended the department’s decision, stating that the rule aligns with state law and reinstates what was in place before a previous change made without proper procedures. Governor Sarah Huckabee Sanders had previously issued an emergency rule change, which some attendees at the hearing mentioned caused them to have to update their licenses.
The DFA will consider all public comments received, including written submissions, and present them to the General Assembly in August for a final decision. In the meantime, licenses and IDs with an “X” designation will remain active until renewal, at which point any necessary changes will be made.