Arkansas’ elimination of ‘X’ as option for sex on driver’s licenses endorsed by GOP lawmakers

LITTLE ROCK — A predominantly Republican panel on Thursday endorsed an Arkansas agency's elimination of “X” as an option alongside male and female on state-issued driver's licenses and identification cards, despite skepticism from Democratic lawmakers about the move.

The Arkansas Legislative Council's executive subcommittee approved the emergency rules for the new policy announced this week removing an option that had been used by nonbinary and intersex residents. The new policy also makes it more difficult for transgender residents to change the sex listed on their IDs and licenses.

The agency said it was rescinding a practice implemented in 2010 that officials say conflicted with state law and had not gone through proper legislative approval.

“As I reviewed it, it became pretty clear to me that, one, it was really not lawfully authorized,” Finance and Administration Secretary Jim Hudson told the panel. “The second is it was inconsistent with statutory law and just commonsense public policy as well.”

Arkansas is the latest among Republican states to legally define sex as binary, which critics say is essentially erasing the existence of transgender and nonbinary people and creating uncertainty for intersex people — those born with physical traits that don’t fit typical definitions of male or female.

The American Civil Liberties Union of Kansas announced Thursday that it was appealing a judge's order blocking Democratic Gov. Laura Kelly’s administration from allowing transgender people to change the sex listed on their license.

At least 22 states and the District of Columbia allow “X” as an option. Only about 500 of Arkansas' 3.1 million active state-issued driver's licenses and IDs have the “X” designation.

Democratic lawmakers questioned the need to move quickly to change the policy and also the agency's argument that it's needed for public Democratic Sen. Clarke Tucker noted that the state isn't requiring the same level of verification for other information listed on licenses, such as eye color or height.

“Why are we focused just on gender and not all of the information on driver's licenses?” Tucker said.

The new policy makes it more difficult for transgender people to change the sex listed on their licenses and IDs by requiring an amended birth certificate be submitted.

Currently a court order is required for changing the sex on a birth certificate.

Under the new rules, the designated sex must match a person’s birth certificate, passport or Homeland Security document. Passports allow “X ”as an option. If a person’s passport lists “X,” the applicant must submit a form choosing male or female.

The emergency rules will be in place for 120 days as the department works on permanent ones that will go through a public comment process.

They are to take effect after the full Legislative Council reviews them Friday.

Arkansas has enacted several measures in recent years targeting the rights of transgender people. Republican Gov.

Sarah Huckabee Sanders, who has called the change common sense, signed an executive order last year banning gender-neutral terms from state documents.

***

Trustees approve new Windgate Art & Innovation Center at Arkansas State

NEWPORT — Construction will begin on the $25.2 million Windgate Art and Innovation Center at Arkansas State University in Jonesboro following approval by the ASU System Board of Trustees today at its regular quarterly meeting on the ASU-Newport campus.

The new, 38,887-square-foot Windgate Center will house spaces to support learning and creative activities for the Department of Art + Design, as well as the College of Engineering and Computer Science. Funding includes $22 million in private support from the Windgate Foundation and $3.2 million in institutional reserves. Estimated completion is in 2027.

System Interim President Robin Myers thanked U.S.

Sen. John Boozman, R-Ark., for his leadership in securing a $10 million federal appropriation to advance development of the A-State Center for Advanced Materials and Steel Manufacturing. A-State will use the funding to invest in high-tech equipment for a

See STATE, page A9

safety.

From page A3

multimillion-dollar facility that will support Northeast Arkansas position as the largest steel producing region in the country.

System Executive Vice President Julie Bates reported that the financial health of the system was sound with strong expense control and no new debt issued by campuses in Fiscal Year 2023. Henderson continues to make recovery progress and achieved compliance with the System Financial Reserves Policy with 62 days of cash on hand on June 30, 2023. Bates noted that Henderson has reduced annual personal services expenses by some $14 million or 41 percent since 2019, when the institution had only seven days of cash on hand.

“It’s quite an accomplishment,” Trustee Steve Eddington said regarding the Henderson financial progress.

“I know the emphasis placed on this effort.”

In recognition of substantial contributions to A-State, the Board approved the naming of the Beck College of Sciences and Mathematics. Army Col.

Buddy Beck and his wife, Charlotte, are A-State Distinguished Alumni and have supported many initiatives through the Beck Foundation, including establishment of the nationally recognized Beck Center for Veterans.

Myers noted that the Becks, among the top five largest donors to the university, have established numerous endowed scholarships and professorships in chemistry and engineering. Most recently their foundation pledged to fully fund the Beck Scholars Endowment in the College of Sciences and Mathematics, an endowment to support undergraduate research through Create@State, an endowed dean s position, and an endowed fellowship in chemistry, mathematics or physics to recruit and retain faculty.

In other business, the board approved Henderson State University’s request to restore more traditional academic naming conventions based on input from faculty, staff, students and alumni. Chancellor Trey Berry, who took over leadership of the campus in January, said the move would aid in recruitment and marketing with no additional costs or positions. The four colleges will be Teachers College; College of Performing Arts and Social Sciences; College of Aviation, Science and Nursing; and College of Business.

Henderson will now be able to offer a new Bachelor of Science degree in education with a pre-kindergarten focus that will be the university s first completely online undergraduate degree program. It is expected to help meet expected demand for early childhood credentials resulting from the LEARNS Act.