Jun 3, 2025, 2:41 AM
Jun 2, 2025, 10:08 PM

Puerto Rico Supreme Court grants nonbinary individuals equal rights on birth certificates

Highlights
  • The Puerto Rico Supreme Court has ruled that nonbinary individuals can select 'X' as their gender marker on birth certificates.
  • The lawsuit originated from six nonbinary plaintiffs claiming violation of their constitutional rights.
  • Activists view this ruling as a pivotal moment for equality in Puerto Rico.
Story

In Puerto Rico, a landmark ruling by the Supreme Court has enabled nonbinary and gender-nonconforming individuals to change their gender markers on birth certificates to 'X'. This decision came after a lawsuit filed by six nonbinary plaintiffs who argued that the existing birth certificate policy violated their rights to equal protection under the Fourteenth Amendment of the United States Constitution. The court found that there was no rational basis for distinguishing between binary and nonbinary identities, emphasizing that equal protection under the law applies to all individuals regardless of their gender identity. The decision marks a significant evolution in the legal recognition of nonbinary identities in Puerto Rico, aligning the territory with at least 17 U.S. states that already permit similar changes. Activists have hailed this ruling as a historic advancement for LGBTQ+ rights, with Pedro Julio Serrano, president of the LGBTQ+ Federation, declaring the decision a triumphant step toward equality. On the other hand, the defendants in the case, including Puerto Rico's governor and health officials, expressed concern over maintaining accurate vital records and statistics about citizens. Despite the opposition, the court recognized that the Commonwealth's existing laws already allow for modifications to birth certificates, including gender markers. The ruling reinstates the importance of recognizing and validating the identities of those who fall outside the traditional binary categorization of gender. The judgment is seen not only as a legal victory but also as a victory for a community that has long sought recognition and equal treatment under the law. As the governor awaits advice from the Justice Department regarding the ruling, it remains to be seen how long it will take for the new policy to be enacted and what ultimate impact it will have on the lives of nonbinary individuals in Puerto Rico. This decision exemplifies a continued fight for equal rights within the LGBTQ+ community, particularly in regions where such rights have previously been limited or contested.

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