New law allows Hawaii residents to identify as nonbinary gender ‘X’ on their driver’s license

Hawaii residents will be able to choose a nonbinary gender designation — neither exclusively male nor exclusively female — for their driver’s license starting July 2020.

Gov. David Ige signed House Bill 1165 HD2 SD2 into law Wednesday, which will provide a third option in addition to the “M” for male and “F” for female genders — an “X” for a nonbinary designation.

The bill, now Act 148, will make Hawaii the 18th jurisdiction in the country to provide a nonbinary gender option on their driver’s license, according to the Intersex &Genderqueer Recognition Project.

The new legislation also will allow applicants to choose or change their gender when applying for a driver’s license without requiring documentation as proof.

The bill was among three that Ige signed Wednesday concerning the LGBT community in Hawaii, with the others being House Bills 711 HD1 SD1 and 664 HD2 SD1.

“As we all know, people have gender identities that may not neatly fit into the traditional stereotypes that we have, and we are sending a strong message today that no matter what your gender identity might be, you are welcome, and you have an equal place in our society,” said Sen. Stanley Chang, who introduced Senate Bill 2, the companion bill to HB 711.

HB 711 HD1 SD1, now Act 149, takes effect immediately and dismisses the use of the “gay panic” defense in court, in which a defendant in a murder case can reduce their offense to manslaughter by claiming extreme emotional or mental distress caused by knowing the victim’s gender identity or sexual orientation.

HB 664 HD2 SD1, now Act 157, will take effect on July 1 and clarify that an already-established law prohibiting efforts to change a minor’s sexual orientation includes conversion therapy or treatments to change one’s sexual orientation or gender identity.

Hawaii has among the highest LGBT populations per capita in the country, according to the Williams Institute at the University of California, Los Angeles. About 4.6% of Hawaii’s population is LGBT.

The three bills mostly received support while going through the state Legislature, although there was opposition to HB 711 and HB 664.

The primary opponent of HB 711 was the state’s Office of the Public Defender.

Its March 14 testimony said that the bill creates a “preferred class” of individuals that excludes others.

“The person who is targeted because of disclosure of his/her religion, ethnicity or support of an unpopular political belief could continue to be the victim of extreme mental or emotional disturbance,” it said.

State Public Defender Jack Tonaki didn’t disagree with the intentions of the bill, but he opposed including other protected groups in future legislation, which he said would be too difficult to do because there are so many situations that lead to killings.

Critics of HB 664 said the bill violates therapists’ free speech rights and takes away the form of therapy for those who want it.

“If a young person is experiencing conflict between his or her sincerely held religious beliefs and same-sex attractions (that may have developed because of sexual abuse), this law would prevent their trained and licensed counselor or therapist, from providing counseling to help them move away from unwanted same-sex confusion,” said Eva Andrade, president of Hawaii Family Forum, in a testimony submitted on March 18.

Conversion therapy and the evidence for its effectiveness have been questioned for decades, with many concluding that there is no proof that it works and is actually harmful.

The state Department of Health published a report in 2017 showing that the ongoing stigma of being LGBT may lead to a variety of disadvantages for the community, such as increased risks of physical and sexual violence, depressive disorders and chronic diseases like obesity and asthma.