New York to allow ‘X’ gender option for public assistance applicants


Those applying for food stamps, Medicaid and other public assistance in New York will soon be able to choose “X” as a gender option on their application.

A court settlement Wednesday is a result of a 2021 lawsuit against multiple government agencies that claimed the state Office of Temporary and Disability Assistance’s computer system compels nonbinary people to either lie under oath by declaring themselves as male or female or be denied benefits.

The Empire State’s public assistance and health agencies will make “X” gender markers available on applicable forms by Jan. 1. 

The settlement will allow the New York City Human Resources Administration to offer “X” gender markers on forms before Jan. 1, according to the New York Civil Liberties Union, which bought the lawsuit on behalf of several plaintiffs.

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Local Bodega with EBT, Electronic Benefit Transfer accepted sign in window, Queens, New York.  Soon those applying for food stamps in New York will be able to select “X” as their gender. (Photo by: Lindsey Nicholson/UCG/Universal Images Group via Getty Images)

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“This is a major victory for the thousands of nonbinary New Yorkers who will be able to seek public benefits without being forced to lie about their identity or risk being misgendered,” NYCLU attorney Gabriella Larios said in a prepared statement to The Associated Press.

The type of nonbinary gender option is already available on New York driver’s licenses and birth certificates. Back in April 2022 U.S. citizens became able to select “X” as their gender marker on their U.S. passport application.

The Associated Press contributed to this report. 



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