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Oregon Judge Rules Person Can Legally Use Non-Binary As Gender Identity

Jamie Shupe

Last Friday an Oregon Circuit Court Judge ruled a person can legally change their sex to non-binary—not female or male. Transgender law experts say this is the first ruling of its kind in the United States.

Retired Army veteran Jamie Shupe told a Multnomah County Judge they are neither male nor female. With doctor’s notes in hand, Shupe petitioned to use non-binary as a legal gender identity.

The judge granted the petition.

Amy Herzfeld is with Basic Rights Oregon, a group advocating LGBT equality.

Herzfeld: “We’re excited to see a court recognize what we know to be true, that gender is a spectrum, and not everyone identifies as male or female.”

Herzfeld says Oregon once again leads the country in securing protections for the LGBT community. The Transgender Law Center says it is unaware of any other case like this in the U.S.

Herzfeld says previously a person could change their legal gender in the state of Oregon, but they had to choose between male and female.

Herzfeld: “We’re very excited to work with the DMV and other state agencies on updating those systems so that folks have easier access to identity documents that accurately reflect and affirm gender identity.”

Australia, Bangladesh, Denmark, Nepal, and New Zealand have similar laws acknowledging non-binary as a legal gender identity.