Oregon Court says Sex Can Be Non-Binary

C&TL2745 (imported)
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Oregon Court says Sex Can Be Non-Binary

Post by C&TL2745 (imported) »

http://www.cnn.com/2016/06/11/us/jamie- ... index.html

Oregon court allows resident to change sex from female to nonbinary

(CNN)Oregon resident Jamie Shupe, who identifies as neither male nor female, can legally be considered nonbinary, a judge ruled.

In what legal experts believe is the state's first such ruling, Judge Amy Holmes Hehn ruled Friday that Shupe's sex has been changed from female to nonbinary.

"It feels amazing to be free from a binary sex classification system that inadequately addressed who I really am, a system in which I felt confined," the Portland resident said.

The Army veteran was assigned the gender of male at birth, but Shupe started transitioning to a female in 2013, more than a decade after leaving the military, according to The Oregonian newspaper.

Shupe: Titles did not fit

Shupe said male or female titles didn't seem fitting, and preferred to use the first name, Jamie, instead of a pronoun. In April, Shupe filed a petition for a gender change.

"Oregon law has allowed for people to petition a court for a gender change for years, but the law doesn't specify that it has to be either male or female," said civil rights attorney Lake J. Perriguey, who filed the petition.

"The law just says, 'change.' Historically, people have asked for a gender change from male to female and the other way around, but Jamie is the first to ask for the gender of "nonbinary," Perriguey, said.

The lawyer said the standard form provided by the court clerk listed only male or female as options, so he inserted "nonbinary."

Their wish was granted Friday.

The judge said she has determined Shupe underwent surgical, hormonal or other treatment for the purpose of gender transition.

"The sexual reassignment has been completed," the judge wrote in the ruling. "No person has shown cause why the requested general judgment should not be granted."
Hash (imported)
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Re: Oregon Court says Sex Can Be Non-Binary

Post by Hash (imported) »

C&TL2745 (imported) wrote: Sun Jun 12, 2016 6:16 am http://www.cnn.com/2016/06/11/us/jamie- ... index.html

Oregon court allows resident to change sex from female to nonbinary.

Good for Jamie. I would suppose that all nullos are physically non-binary, though I do not personally feel obligated to affirm that designation legally. Good for Jamie.
daifu-orchid (imported)
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Re: Oregon Court says Sex Can Be Non-Binary

Post by daifu-orchid (imported) »

C&TL2745 (imported) wrote: Sun Jun 12, 2016 6:16 am http://www.cnn.com/2016/06/11/us/jamie- ... index.html

Oregon court allows resi
Hash (imported) wrote: Sun Jun 12, 2016 9:06 am dent to change sex from female to nonbinary.

Good for Jamie. I would suppose that all nullos are physically non-binary, though I do not personally feel obliga
ted to affirm that designation legally. Good for Jamie.

Good for you too! This would mean that it's ok for the individual to choose how to present? I think so.
SplitDik (imported)
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Re: Oregon Court says Sex Can Be Non-Binary

Post by SplitDik (imported) »

This looks like a loophole in the law, since the average lawmaker could only imagine changing from man to woman or woman to man but not other transitions. I bet the states that are banning transgenders in bathrooms will look at this and close the loophole.

I also don't entirely like this article. It still makes it sound like Jamie was transitioning from man to woman and so it makes it sound like nonbinary means transgender. While it is true that transgender people may not feel properly placed in the male/female classification, there are also many transgender that truly feel that they fit in the binary classification (just that they were born into the wrong one). I think this would be more interesting as a male-to-eunuch case -- i.e. truly going outside the spectrum between male and female.
Hardball (imported)
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Re: Oregon Court says Sex Can Be Non-Binary

Post by Hardball (imported) »

In the Commonwealth of Virginia, The driver's license application form has boxes for males, females, and non-binary.
WheelyCurious
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Re: Oregon Court says Sex Can Be Non-Binary

Post by WheelyCurious »

Hardball (imported) wrote: Mon Apr 03, 2023 8:08 pm In the Commonwealth of Virginia, The driver's license application form has boxes for males, females, and non-binary.

Ditto MA, although I forget what the terminology was that they used on the application, might have been "Other"... Either way checking that box gets you an "X" in the gender box on the license....

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Losethem (imported)
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Re: Oregon Court says Sex Can Be Non-Binary

Post by Losethem (imported) »

Hardball (imported) wrote: Mon Apr 03, 2023 8:08 pm In the Commonwealth of Virginia, The driver's license application form has boxes for males, females, and non-binary.

And with our legislature being one vote short of turning Virginia into an absolute hellscape for folks like us, I don't dare check that box here.
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Re: Oregon Court says Sex Can Be Non-Binary

Post by WheelyCurious »

Losethem (imported) wrote: Wed Apr 05, 2023 12:06 pm And with our legislature being one vote short of turning Virginia into an absolute hellscape for folks like us, I don't dare check that box here.

Given that one of the major times that a driver's license is going to be looked at is when dealing w/ "Officer (Not-so) Friendly" on the side of the road and trying to convince him that you are not the droid he wants to give a ticket to, I'm not inclined to check the box for anything other than what I present as.... Why risk triggering any prejudices that you can avoid?

(ditto being somewhat careful about what sorts of bumper stickers, etc. are displayed on a vehicle - there are advantages to doing "grey man" as opposed to pulling in the same sort of treatment you get for the offense of "Driving while Black / Hispanic"....)

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Lenkusov (imported)
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Re: Oregon Court says Sex Can Be Non-Binary

Post by Lenkusov (imported) »

Yeah, this is the reason that after 2 years out as trans/nb and half that as a eunuch, I haven't applied for any sort of document changes. As far as Kentucky's government knows, Len does not exist, and <deadname> is a cisgender white male with no criminal record except one parking ticket and an ancient and unexplained drug-seeker flag in the prescription management system. As it is, they're currently trying to ban nonbinary identifiers and remove the ability to change birth certificates, and cause of how dense and un-reviewable SB150 (that passed last week) is, it's probably already been banned anyway. I could get it on my passport, sure, but not on a state driver's license which was something I technically could have done until a week or so ago, and I know damn well that in a year or two when the predictable political trajectory reaches its end, if I had an X on my driver's license I'd probably end up against the wall.
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Re: Oregon Court says Sex Can Be Non-Binary

Post by Andalusian (imported) »

Not only in the whole United States as you can have the X on your Passport (yes yes i know only half of the states allow it to be in the Driver's License), but also in Canada, Colombia, Argentina, Uruguay, Iceland, Denmark, Malta, India, Pakistan, Nepal, Bangladesh, Australia and New Zealand your legal gender can be nonbinary! And it can also be done in Germany and Austria, although it was thought as a measure for intersex people and there's more obstacles to evade if you're only nonbinary as your gender identity.

Here in Spain there was an internal fight within the Government because now the law to change legal gender is Self-ID (you just go to the Civil Registry, sign some papers and wait 3 months) as opposed to the old 2007 way (proving to the Civil Registry that you've been on HRT for 2 whole years and you have GID/GD diagnosis) but the more progressive elements of the Government couldn't convince the other ones to also add the X gender marker (the Equalities minister Irene Montero said in Parliament "Sorry to all the trans and nonbinary people for not being allowed to conquer all the changes we wanted to" 😢) so now we'll have to wait for either a Supreme Court or a Constitutional Court ruling for it :-\ Change arrives slowly but steadily... We're witnessing a Revolution with our own eyes!
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