Currently, if you apply for a driver's license in New York state, you will be asked to mark either M or F under the gender option. Now, one New York resident wants an additional non-binary gender identity option; or, "X" to be included. New York Upstate is reporting that the 25 year-old transgender New York City resident is now suing.

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Governor Andrew Cuomo and the commissioner of the NY State Department of Motor Vehicles were named as defendants in the suit filed at a federal court in New York City.

NY Upstate says that the plaintiff already has a New York City birth certificate and a Pennsylvania driver’s license with the "X" marker. the plaintiff says presenting a license with only the "M or F" markers is “stressful, complicated and confusing”.

In October 2018, a law was signed in New York City that created a third gender for certificates issued in the city. This created the “X” option for non-binary individuals. The law went into effect in January 2019.

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