Gov. Jerry Brown signed the “Gender Recognition Act” on Sunday to make it easier for people to change gender on state identification and birth certificates, while establishing a “nonbinary” designation.
The law defines nonbinary as an “umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of strictly either female or male,” including but not limited to some transgender individuals and those born with intersex traits.
Advocates say the measure expands rights for the state’s lesbian, gay, bisexual and transgender community by wiping out the need for a court order or proof of clinical treatment to apply for gender changes.
Under the bill, the state registrar is required to issue a new birth certificate to California natives to reflect a gender change if someone applies and submits an affidavit attesting that the request is not for any fraudulent purpose. The measure, Senate Bill 179, also calls for the Department of Motor Vehicles to allow applicants for a driver’s license or identification card to choose a gender category of female, male or nonbinary.
Jody Herman, an expert on gender identity law and policy for the Williams Institute at the University of California Los Angeles, said Oregon, Washington D.C., Australia, New Zealand, Nepal, India, Pakistan, Thailand and parts of Canada already offer some form of legal recognition of a third nonconforming gender.
