Ínaru de la Fuente Díaz v. Jenniffer González Colón et al. - Amicus ACLU F. & ACLUPR

The American Civil Liberties Union (ACLU) and the ACLU of Puerto Rico filed an amicus curiae brief before the U.S. Court of Appeals for the First Circuit in the case of Ínaru Nadia de la Fuente Díaz v. Jenniffer A. González Colón, in support of the plaintiffs challenging the Commonwealth policy that prevents them from obtaining birth certificates reflecting an “X” gender marker for nonbinary people.

Currently, the Government of Puerto Rico limits the gender marker on birth certificates to only “M” or “F,” referring to the male/female binary, but refuses to offer the “X” option even when a person has other documents or medical certifications recognizing their nonbinary gender identity.

The U.S. District Court for the District of Puerto Rico has already determined that this policy violates the right to equal protection of the laws, although it applied the most deferential standard of review, rational basis. The amicus filed by the ACLU and its Puerto Rico affiliate asks the First Circuit to affirm that decision while making clear that this policy should be evaluated under heightened scrutiny because it is based on the affected individuals’ transgender status.

The brief explains that nonbinary people are a subgroup within the broader transgender community because their gender identity does not align with the sex assigned to them at birth. By specifically excluding people with a nonbinary identity from the ability to obtain accurate documents, the government subjects them to unequal treatment with real consequences in everyday life, from school or work to access to basic services and daily interactions with government agencies.