DENVER – Under a ruling from a federal appeals court, the U.S. State Department is once again being ordered to consider whether to grant an intersex person a passport if they do not specify a gender.
On Tuesday, a three-judge panel of the 10th Circuit Court of Appeals in Denver concluded the State Department had authority to deny an application with no gender specified but had exercised it in an arbitrary and capricious manner with some of its stated reasons not supported by evidence.
The judges said the State Department should reconsider the application by Dana Zzyym because it's not clear if it would have reached the same conclusion without relying on those reasons, including its assertion that there is no medical consensus on who is