EUGENE, Ore. (AP) — The Oregon Court of Appeals has ruled in favor of a Eugene resident’s right to a nonbinary gender marker.
Jones Hollister’s gender is nonbinary, but their petition for a nonbinary gender marker was denied by Lane County Circuit Court Judge Charles D. Carlson last year.
The Appeals Court ruled Wednesday that the circuit court erred in concluding that it lacked authority under state law to approve Hollister’s application for a legal change of sex from female to nonbinary.
“I’m thrilled for not just myself but for all nonbinary Oregonians,” Hollister said in a news release sent by the American Civil Liberties Union of Oregon, which filed a brief in support of Hollister’s appeal. “When I saw that the Court of Appeals had reversed the decision to refuse me a nonbinary marker, I honestly cried.”
Groups supporting Hollister in the appeal including the ACLU and Basic Rights Oregon had argued precedent had been set in other cases across Oregon to allow people to legally change their sex designation to nonbinary. State Attorney General Ellen Rosenblum was among others who had filed briefs in support.
Lorena Reynolds, Hollister’s attorney, told The Oregonian/OregonLive the ruling is the “first state court of appeals decision on this in the country.”
In 2017, Oregon became the first state in the country to allow residents to identify as nonbinary on their driver licenses and state identity cards.