First Circuit reverses order requiring PR to add ‘X’ gender marker to birth certificates

The U.S. Court of Appeals for the First Circuit in Boston

By THE STAR STAFF

The U.S. Court of Appeals for the First Circuit in Boston has overturned a 2025 federal district court ruling that ordered Puerto Rico’s Demographic Registry to include an “X” gender marker on birth certificates, Gov. Jenniffer González Colón announced Thursday.

The appellate decision supports the Puerto Rico government’s position that, under current local law, birth certificates will continue to recognize only the male and female sex markers. The ruling also affirms the government’s authority to determine the content and administration of its public records.

“From the beginning, our Administration has been clear: the Government of Puerto Rico must act in accordance with our laws and Constitution,” González Colón said in a statement. “The First Circuit’s decision validates the position we defended and recognizes Puerto Rico’s authority to manage its public records under our legal framework.”

The governor praised the work of Attorney General Omar Andino Figueroa, Justice Secretary Lourdes Gómez Torres, and the Department of Justice’s legal team for their role in the appeal.

The case, De La Fuente-Díaz v. González-Colón, stemmed from a June 2, 2025 ruling by the U.S. District Court for Puerto Rico, which found that the absence of an “X” option violated the Equal Protection Clause of the Fourteenth Amendment. The district court ordered the Demographic Registry to add the nonbinary marker to its gender‑change form.

The government appealed and successfully obtained a stay of the district court’s order while the case proceeded. Andino Figueroa argued the case before a three‑judge panel in Boston on April 9 of this year.

“This decision adopts the Government of Puerto Rico’s position that our legal system does not recognize an ‘X’ gender marker on birth certificates,” Andino Figueroa said.

He noted that 20 states and the Arizona Legislature filed briefs supporting Puerto Rico’s stance.

“This strategic alliance was important for defending the rule of law and the Commonwealth’s public policy,” he said.

Gómez Torres said the ruling reinforces the government’s authority to administer its records.

“The Department of Justice will continue to defend the powers of the Government of Puerto Rico and ensure that public policy is implemented consistently with the law,” she said.

As a result of the appellate decision, Puerto Rico will maintain its current practice of issuing birth certificates with only male and female sex markers.

The states that filed amici curiae briefs in support of Puerto Rico were Idaho, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia and Wyoming, along with the Arizona Legislature.