Puerto Rico’s Supreme Court has ruled in favor of allowing nonbinary and gender-nonconforming individuals to amend their birth certificates. The decision permits the inclusion of an “X” gender marker and aligns the territory with policies already in place in 17 U.S. states.
Key Facts:
- Puerto Rico’s Supreme Court has approved the use of an “X” gender marker on birth certificates.
- The decision followed a lawsuit filed by six nonbinary individuals claiming a constitutional violation.
- The court ruled that the existing policy lacked rational justification and violated the 14th Amendment.
- Officials argued the change would impact the integrity of vital records, but the court disagreed.
- Puerto Rico now joins 17 states and Washington, D.C., in allowing nonbinary gender designations.
The Rest of The Story:
Six nonbinary individuals sued the Puerto Rican government, arguing that the birth certificate policy discriminated against them under the U.S. Constitution.
They claimed the existing system violated their rights under the 14th Amendment’s Equal Protection Clause.
The Supreme Court of Puerto Rico agreed, concluding that the policy treated nonbinary individuals unfairly without a valid legal basis.
The court stated that the government had no rational justification for denying the request to use a gender-neutral “X” marker.
Government officials defended the existing policy, saying accurate vital statistics were essential to public recordkeeping.
However, the court dismissed this concern by noting that Puerto Rican law already allows amendments to birth certificates and retains original versions.
Pedro Julio Serrano, president of the island’s LGBTQ+ Federation, called the ruling a landmark step toward equality.
Puerto Rico now follows the example of 17 states and the District of Columbia that already allow similar changes.
Commentary:
This ruling goes directly against the clear federal standard set during the Trump administration, which affirmed only two genders—male and female—as rooted in biology.
By granting legal recognition to a third gender category, Puerto Rico’s court has chosen ideology over science and precedent.
Sex is determined by immutable biological factors—chromosomes, anatomy, and DNA—not personal identity.
While rare chromosomal disorders do exist, they don’t justify rewriting the biological binary that has defined humanity for millennia.
Legal records like birth certificates are meant to reflect objective facts, not accommodate personal narratives or social experimentation.
Future generations will not look to altered documents to understand who someone was; they will look at skeletal remains and DNA evidence.
This ruling undermines the reliability of public documents and erodes the role of biology in law and policy.
The Bottom Line:
Puerto Rico’s high court has paved the way for nonbinary gender recognition on birth certificates.
The ruling frames the decision as a matter of equality, despite arguments about maintaining accurate vital records.
This change places ideology ahead of scientific fact and dismisses federal precedent focused on biology-based sex classification.
Time will tell how this decision impacts public records and legal clarity across U.S. territories.
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