Judge again rules in favor of intersex passport applicant

A federal judge has once again ruled in favor of an intersex person who was denied a passport because they do not identify as male or female.

Judge R. Brooke Jackson of the U.S. District Court for the District of Colorado in Denver in his Sept. 19 ruling said the State Department was “in excess of statute authority” under the Passport Act of 1926 when it denied a passport to Dana Zzyym, an intersex person who requested to list their sex as “X.”

Zzyym, who lives in Colorado, is the associate director of the U.S. affiliate of Organization Intersex International. Zzyym is also a veteran who served in the U.S. Navy.

Zzyym applied for a passport in 2014 in order to attend a conference in Mexico City. The State Department told Zzyym it denied the application because it was “unable to fulfill your request to list your sex as ‘X.’

Jackson ruled in Zzyym’s favor in 2016, but the State Department appealed. Zzyym’s case was reopened in 2017 after the State Department once again denied them a passport.

Zzyym, who is represented by Lambda Legal, in a press release noted it has “been nearly four years since the State Department first denied me a critical identity document that I need to do my job and advocate for the rights of intersex people both in the United States and abroad.”

WashingtonBlade.com, by Michael K. Lavers, September 24, 2018

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Anthony Brown

Anthony Brown

Attorney and Advocate at Time For Families
Who am I? On the deepest level, I am blessed. I have an amazing partner, who I have known since 1989 and been married to since 2004. I am the donor dad of two beautiful daughters who have two moms who are equally amazing. My husband and I have expanded our family through surrogacy and have a seven-year old son. I have had three careers (acting, massage therapy and the law) and I am still discovering myself. I am the Board Chair of Men Having Babies. The one thing I know for sure is that life is about trusting your instincts. Family is an instinct.
Anthony Brown