Gender Marker “X” in New York Driver License and ID Cards Begins June 24

Historic Step in Implementing the Gender Recognition Act Takes Effect in Time for Pride Month Supports State’s Effort to Remove Barriers for Transgender and Non-Binary New Yorkers 

Governor Kathy Hochul announced that New Yorkers will have the option to choose gender marker “X” in New York Driver License, learner permit, or non-driver ID card at all Department of Motor Vehicle offices statewide.

“Every person deserves to have an identity document that reflects who they are,” the Governor wrote on Facebook.

This change is being implemented in accordance with the State’s Gender Recognition Act, which goes into effect on June 24. This landmark legislation provides expanded protections for transgender and non-binary New Yorkers through this change at the DMV and by making it easier for people to change their names, change their sex designation and change their birth certificates to reflect their identity.  

“As we prepare to celebrate Pride Month in a few days, I am excited to announce this historic change that represents another victory in our fight to help ensure equality and respect for the LGBTQ+ community,” Governor Hochul said in the press statement“My administration remains committed to ensuring that New York is a place of value, love and belonging for members of the LGBTQ+ community.” 

New Yorkers who have an existing driver license, learner permit, or non-driver ID will have the option to change the gender marker on their photo ID from “M” or “F” to “X”, and those who are applying for a NYS photo ID for the first time will have the option to choose “X”. This can be done by completing the Application for Permit, Driver License or Non-Driver ID Card (MV-44).     

Customers who do not want to visit a DMV office to change their existing ID document will have the option to change their gender designation through an online transaction beginning in July 2022.   

“Each and every New Yorker should be recognized for who they are by their government,” said State Senator Brad Hoylman. “Before the Gender Recognition Act, it was incredibly hard for many New Yorkers to get the identification documents they require for travel, to get a job, and even to go to school. But on June 24, when the GRA takes effect thanks to the efforts of TGNB activists, all gender non-conforming, transgender, non-binary, and intersex New Yorkers will be able to receive IDs that accurately reflect their identity. I’m proud to live in and represent a state that respects and values the needs of these communities – particularly as queer, and especially transgender young people, have come under attack in recent months across our country. Thank you, Governor Hochul, DMV Commissioner Schroeder, and Division of Human Rights Commissioner Imperial for overseeing the implementation of this important law.” 

“It’s my sincere hope that, as we move ahead, other transgender and non-binary New Yorkers will be able to live their lives with the respect and dignity they deserve in every facet of their lives, aided by accurate state-issued identification,” added Plaintiff Sander Saba. “Every person should be able to access identity documents that reflect who they truly are without having to validate their personhood in court.”  

The gender marker “X” in New York Driver License announcement comes as part of the major advancements in LGBTQ+ equity Governor Hochul fought for and secured in the Enacted Fiscal Year 2023 State Budget. The Budget includes $13.5 million for the Department of Health to support the LGBTQ+ community and more than doubles annual LGBTQ+ Health and Human Services funding. In addition, the Budget includes legislation requiring state agencies to provide an option for individuals to mark their gender or sex as a non-binary “X” on all state forms that collect gender or sex information. Agencies are also required to include that information in data collection. The Enacted Budget also enables transgender New Yorkers to change their names or gender designations on marriage certificates without leaving their dead names on them.