Oklahoma governor signs ban on nonbinary birth certificates

OKLAHOMA CITY (AP) — Oklahoma Gov. Kevin Stitt signed a bill Tuesday explicitly prohibiting the use of nonbinary gender markers on state birth certificates, a ban experts say is the first of its kind in the nation.

The bill followed a flap last year over the Oklahoma State Department of Health's agreement in a civil case allowing a nonbinary option. The birth certificate in that case was issued to an Oklahoma-born Oregon resident who sued after the agency initially refused the request. People who are nonbinary do not identify with traditional male or female gender assignments.

News of the settlement prompted outrage among Republicans, including Stitt, who along with fellow conservatives in a number of GOP-led states have been engaged in a culture war over issues like restricting LGBTQ and abortion rights that drive the party's base in an election year. Stitt's appointee to lead the agency abruptly resigned the next day, and the governor then promptly issued an executive order prohibiting any changes to a person's gender on birth certificates, despite the settlement agreement. A civil rights group has challenged the executive order in federal court, but the state has not yet responded.

Many states only offer male or female gender options on birth certificates, but Oklahoma is the first to write the nonbinary prohibition into law, according to Lambda Legal, the civil rights group suing Oklahoma.

Currently, 15 states and the District of Columbia specifically allow a gender marker designation outside of male or female, according to the National Center for Transgender Equality. That number will increase on July 1 when Vermont's new statute goes into effect.

“People are free to believe whatever they want about their identity, but science has determined people are either biologically male or female at birth,” said Oklahoma...