LITTLE ROCK, Ark. – On Friday morning, public comment was heard concerning a rule by the Arkansas Department of Finance and Administration on the way gender is shown on drivers’ licenses.
The DFA stated that the proposed rule requires that driver’s licenses list gender as male or female, noting that the gender must be what is listed on the license holder’s original or amended birth certificate.
For the last 14 years, Arkansans could change the gender on their licenses or IDs or put an “X” with no questions asked.
DFA officials said that this permanent rule change will require drivers to use the gender on their birth certificate. The Department has said these changes are to ensure the license is based on verifiable information.
However, close to a dozen people who spoke at the public comment hearing were against the proposed rule change. Pria Williams believes the rule would do more harm than good.
“All Arkansans need to be treated equally and this would not be doing that,” Williams said.
Brawlyn Smith, who also spoke during the hearing, said this rule would have a direct impact.
“I have an “X” on my driver’s license,” Smith said. “There are intersex people, there are people who don’t neatly fall into male or female. If we were looking for law enforcement officers to have accurate information the best way to do that is to include the “X” in some capacity. This policy harms me. “
DFA Secretary Jim Hudson answered several questions on the matter with Capitol View/Talk Business host Roby Brock, where he agreed with the department’s issued rule.
“We do think the rule that we are promulgating is consistent with state law and really just reestablishes what was state law before the Department of Finance and Administration changed it without going through the rulemaking process several years ago,” Hudson said.
In March, Gov. Sarah Huckabee Sanders issued an emergency rule change that only lasted 90 days. At the time, she stated the “policy is just common sense.”
Some at the hearing say during the time the emergency rule change was happening, they had to change their licenses.
“This emergency rule went into place in between the time my ID expired,” Hannah Gimmett said.
Because the DFA is considering making it permanent it is required to hold a hearing for public comment, but they did not say if they would make any changes.
“I think anytime a citizen has an opportunity to speak up where policy has changed it’s important and we will listen to it,” Hudson said.
While Maricella Garcia, risk equity director for Arkansas Advocates, said, “We should not be putting in place policies that will impact children in our community that are here and deserve to have an equal space to live.”
Department officials say they will gather all the public comments they receive, including ones in writing, and give them to the General Assembly in August for its final decision.
They added that there are more than two million active licenses and IDs in Arkansas and from that total, 342 licenses were issued with “X” along with 174 state IDs.
Those licenses and IDs will remain active until a final decision is made. If changes are required, they will be made when the individual renews their license or ID.
