Non-Binary State Laws
In April 2019, Tasmania became the first Australian state or territory to make gender or gender identifiers optional on birth certificates, providing official definitions of “gender” and “gender” (only “gender” was defined before the reforms).   The reform was adopted by a non-governmental coalition of MPs and an opt-in model for gender identification on birth certificates was adopted. However, a binary gender classification (male or female, with no intersex/unspecified option) is always collected for medical purposes. Children born with ambiguous genitalia have an additional 60 days to choose a sex to register. The sex of the child will only be displayed on the birth certificate if the parents choose to do so. The same reforms also allowed people over the age of 16 to change their gender identity in official documents – without sex reassignment surgery or hormone replacement therapy – by making a gender declaration. On 8 November 2017, the Federal Constitutional Court issued a press release on its judgment of 10 October 2017, in which it advocated a third positive option for gender instead of non-entry.  On August 15, 2018, the federal government passed legislation allowing for a third gender option on birth certificates for babies who are not clearly male or female.  On December 22, 2018, the adopted law came into force, allowing intersex people (at birth and older age) to choose between “woman,” “male,” “diverse,” and without any indication of gender. In case of later life change, the first names can also be changed.
 To change the marker and/or names under this law, a medical certificate is required, but it does not specify what type of “variance in sexual development” is required for the law.  As such, non-intersex and non-binary people have used this law to change their markers and names, as trusted physicians always approve and issue such a required note. Meanwhile, an appeals court has ruled that non-binary status must also be open to non-intersex non-binary people; The act adopted does not deal with this category of persons, so that their situation has initially remained unclear pending further case-law.  On 22. April 2020 decided that in order to obtain non-binary status, these people must go through the procedure provided by the analogous law on transsexuality, according to which they can also choose between “diverse” and no gender labeling at all.  Health requirements also vary from state to state. Some state laws allow adults with a non-binary identity to have their birth certificate changed neutrally without requiring a doctor`s note. In June 2017, a law was introduced in New York City that NYC Municipal ID has a non-binary option (New York City and New York State have separate departments for birth certificates) to offer an “X” gender marker for residents` ID cards.  In April 2017, the second intersex birth certificate (showing the recipient`s “gender” as intersex) was issued in the United States to non-binary intersex writer and activist Hida Viloria.  12% of LGBTQ populations live in states that require publication of name change announcements While this is a landmark law, it`s not the first time a U.S. state has recognized non-binary as a gender option.  In 2016, an Oregon judge granted Jamie Shupe`s request to legally change his existing gender marker from female to non-binary.
 Oregon then became the first U.S. to announce that it would allow an “X” option for government-issued identification from July 2017.  Shortly after Oregon`s announcement, Washington, DC issued the first gender-neutral U.S. driver`s licenses in June 2017.  And a state agency in Hawaii that tracks the status of women has gone the other way, supporting an alternative proposal for restricted identification without gender markers, which has been introduced in addition to a bill to add the “X.” 27% of the LGBTQ population lives in states where requirements are unclear, individual discretion or broad waivers to publicly announce a name change, etc. Force a transgender, non-binary, gender non-conforming or intersex person to use a single toilet instead of a shared toilet. Some non-Western societies have long recognized transgender and/or non-binary people as a third gender, although this may not include (or only recently) formal legal recognition. Among Western countries, Australia was perhaps the first to recognize a third classification after Alex MacFarlane was recognized as an indeterminate genus in 2003. Transgender lawyer Norrie May-Welby was recognized as unspecified in 2014.   In the United States, an Oregon District Court ruled in 2016 that Jamie Shupe could legally change his gender to non-binary.  First reported in January 2003, Australians can choose “X” as their gender or gender.
Alex MacFarlane was reportedly the first person in Australia to receive a birth certificate indicating sex as undetermined, and the first Australian passport with an “X” gender marker in 2003.      This was reported by the Western Australian newspaper based on a challenge by MacFarlane using an indeterminate birth certificate from the state of Victoria. Other people known to have similar early options include Tony Briffa of Intersex International Australia and the former mayor of the city of Hobsons Bay, Victoria, who was previously recognised as the world`s first openly intersex public servant and mayor.    In March 2020, a judge ruled that the absence of a non-binary gender marker on passports issued in the UK was legal “for the time being,” but noted that “if the international trend towards broader official recognition of `non-binary` identity continues, refusal at a later stage could constitute a human rights violation.”  As Americans` views on gender change, so do laws, albeit gradually. In more than 10 states, it is now possible to apply for a non-binary birth certificate or modify an existing one. N.Y.C. Admin. Code § 8-107(4).
According to the NYCHRL: “The term `public accommodation place or provider` includes licensed or unlicensed suppliers of goods, services, facilities, accommodations, benefits or privileges of every kind and places, whether licensed or not, where goods, services, facilities, accommodations, benefits or privileges of any kind are extended, offered, sold or otherwise made available. This term does not include an association that proves that it is clearly private in nature. [or] an organization incorporated under the Charities Act or described in the Charities Act but established under another law of that state, or a religious organization established under the Education Act or the Religious Corporations Act, [that] by its nature is considered to be clearly private. Admin. Code § 8-102. Ed Luiggi, 17, president of an after-school club for gender-infusing students, skipped school earlier this year to testify before the Maryland Senate Judiciary Committee in Annapolis. “My heart was pounding and I was sweating a little,” they said. At the same hearing, Lisa Reff (she), a lawyer, read the statement that her Kayden, 15, had laboriously made: “I wanted it to be down to earth, but I also wanted it to sound good,” Kayden said in a text. 71% of the LGBTQ population lives in states with additional restrictions and/or requirements for people with criminal records Although kathoeys are still not fully respected, they are gradually being accepted and have become a very distinct part of Thai society.