Lawsuit attempting to block new driver’s license gender rule dismissed by Arkansas Supreme Court

LITTLE ROCK, Ark. – A lawsuit attempting to overturn changes to the gender identification on driver’s licenses was dismissed Thursday by the Arkansas Supreme Court.

The ruling came after the lawsuit had become moot due to the Department of Finance and Administration filing a permanent rule about gender identification.

The ACLU of Arkansas filed the original lawsuit against an emergency, non-permanent rule by DFA in March. That rule overturned the practice of optionally using “X” as a gender identity on a driver’s license and required the “M” or “F” designation to reflect what was on the license holder’s birth certificate.

The lawsuit charged the DFA with not following the proper procedure for a emergency rule.

A spokesperson for the ACLU said it had agreed that the argument became moot in light of the permanent rule and the dismissal was appropriate.

“Dismissal was expected, and we agreed to it,” the spokesperson stated. “After the state passed the permanent rule, the challenge to the emergency rule was moot because it concerned only the procedure by which the emergency rule was passed.”

The new rule went into effect Sept. 2.

Attorney General Tim Griffin, whose office filed for the dismissal, called the Thursday ruling a victory for the rule of law.

“I am pleased that the Arkansas Supreme Court granted my motion to dismiss this lawsuit against the Department of Finance and Administration, which has brought its driver’s license gender identification rule into compliance with the law,” Griffin said in a statement. “The Department’s rule must comply with state law, therefore, today’s order is a win for the rule of law.”

The ACLU spokesperson stated that it has not determined if it will pursue a second lawsuit against the permanent rule.

Three of the plaintiffs suing the DFA said they preferred “they” or “them” as pronouns, while two others, a transgender man and a transgender woman, said their gender identities did not align with their birth certificates.

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