The U.S. Court of Appeals for the 10th Circuit yesterday heard oral arguments (audio of full arguments) in Zzyym v. Pompeo. In the case, a Colorado federal district court held that the State Department’s policy on passport gender designations is arbitrary and capricious under the Administrative Procedure Act. (Full text of district court’s 2018 opinion). The Department requires selection of “M” or “F” as gender on passport applications, and refused to allow plaintiff who is an intersex individual to select “X” as a gender marker. Lambda Legal’s case page has extensive additional information and links to pleadings, briefs and decisions in the case.
