Appeals Court paralyzes X gender market

By The Star Staff

In a blow to LGBTQ+ rights, Attorney General Omar Andino Figueroa announced that the U.S. First Circuit Court of Appeals made an important ruling on the contentious birth certificate gender marker issue this week.

In his statement, Andino Figueroa expressed optimism, stating, “The First Circuit Court of Appeals has granted our request to put a temporary hold on the Federal District Court of Puerto Rico’s order, which mandated including the ‘X’ gender marker on birth certificates issued in Puerto Rico. This ruling allows our appeals process to move forward without disrupting the established legal framework. For now, birth certificates will continue to reflect the traditional male or female designations.”

He emphasized the court’s decision to prioritize legal merits over immediate changes, which aligns with Governor Jennifer González Colón’s public policy of respecting the rule of law amidst ongoing debates.

However, the ruling has sparked disappointment in the LGBTQ+ community. Pedro Julio Serrano Burgos, president of the LGBTQ+ Federation of Puerto Rico, did not hold back in his criticism of Governor González Colón’s choice to appeal the previous ruling by Judge María Antongiorgi Jordán. “Instead of championing equality as mandated by the court, and rather than ‘governing for all Puerto Ricans’ as she promised in her inauguration, the governor is directing resources to deny rights to non-binary individuals during a time of pressing issues in basic services,” he remarked.

The roots of this case trace back to 2017 when Daniela Arroyo González and fellow co-plaintiffs challenged the Government of Puerto Rico to amend the Gender Change Request form to include an ‘X’ option for non-binary identities.

In a landmark 2018 ruling, a federal court enabled transgender individuals to update the sex marker on their birth certificates (M or F) to reflect their gender identity, bypassing invasive medical requirements. Fast forward to 2024, a new request was filed to clarify and expand this ruling to explicitly include the ‘X’ gender marker on Puerto Rican birth certificates—but the recent court ruling has placed that promise on hold for now.

This ongoing legal battle showcases the vital struggle for equality and recognition in Puerto Rico, highlighting the need for continued advocacy and a commitment to inclusivity in the territory’s legal framework.