Denver federal judge considering lawsuit over third gender option on passports

Lambda Legal filed the lawsuit last year on behalf of Dana Zzyym, of Fort Collins, who was born with ambiguous sex characteristics.

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A U.S. passport. (Tony Webster/Flickr)

A federal judge in Denver is considering whether the U.S. government should require people to pick a gender to get a passport.

The issue was raised through a lawsuit filed by a Colorado resident who was denied a passport for refusing to check male or female on the application. A judge is set to consider the arguments at a hearing Wednesday.

Lambda Legal filed the lawsuit last year on behalf of Dana Zzyym, of Fort Collins, who was born with ambiguous sex characteristics. It claims that requiring people to check a box marked either “M'” or “F'” is discriminatory and asks people like Zzyym to lie.

Countries including Australia, New Zealand and Nepal allow people to have their gender marked as “X” or “other” on passports.