A Colorado man has filed a lawsuit against the State Department because they declined to issue him a passport. Their reason? He refused to choose a gender on his application.
Dana Zzyym says in the suit that his constitutional rights have been violated because he is an “intersex” person, explaining, “I am not male, I am not female, I am intersex, and I shouldn’t have to choose a gender marker for my official US identity document that isn’t me.”
Zzyym, formerly Brian Orin Whitney, says doctors and parents struggled to decide his gender at birth and originally left the gender box blank on the birth certificate. After some consideration they decided to raise him as a boy.
Whitney joined the Navy in 1978 at the age of 20, did three tours in Lebanon and one in the Gulf, leaving the Navy and experimenting with living as a woman, but deciding that was not for him.
Zzyym’s attorney Paul Castillo cited several countries, including Australia and New Zealand which allow their citizens to choose the “intersex” option in applications. The State Department’s policy changed in 2010 to allow people who have undergone sexual reassignment surgery to change their sex in their passports.
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