A federal judge is asking the State Department to reconsider its decision to deny a passport to a Colorado resident who refused to check either male or female on the application.
In his ruling, U.S. District Judge R. Brooke Jackson said he didn't think the government had acted rationally in denying a passport to Dana Zzyym, who was born with ambiguous sexual characteristics and doesn't identify as either male or female. However, he said he wanted to give it a chance to reconsider, saying it wasn't time to weigh in yet on the constitutionality of the decision.
Zzyym praised the ruling but acknowledged it was the "first step in a long battle."
A handful of countries allow intersex people like Zzymm to designate their gender with a third option.
