State Department Must Review Passport Denial for Intersex Person

The U.S. Department of State must reconsider its denial of an intersex individual’s passport application after the Tenth Circuit found Tuesday that the government relied upon faulty reasoning when it decided to reject the request based on the applicant’s failure to check a “male” or “female” box.

Dana Alix Zzyym, who was born with both male and female genitalia, sued the State Department after an application for a passport was denied. Zzyym had requested an “X” for sexual identification, instead of an M or an F, but the government said no, citing a binary sex policy.

A Colorado federal court ...