Federal judge stood in support of the intersex person

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Dana Zzyym, right, the plaintiff in a federal discrimination lawsuit filed by Lambda Legal against the U.S. State Department seeking more gender options for passports, responds to a question while Paul D. Castillo, staff attorney in the South Central Regional Office of Lambda Legal in Dallas, looks on during a news conference about the case Monday, Oct. 26, 2015, in Denver. Zzyym, an intersex person, was denied a U.S. passport for refusing to check either male or female on the application form. (AP Photo/David Zalubowski)

The Federal judge addressed to his colleagues from the Colorado state department with a request to reconsider their decision not to give the American passport to a person who identifies as neither male nor female. U.S. District Judge R. Brooke Jackson ruled the state department did not show that it acted rationally in refusing to give a passport to Dana Zzyym (pronounced “ZIM”), who was born with ambiguous sexual characteristics and sued the state department after being denied a passport.

Dana was raised as a boy but surgeries which were necessary to make him male physically were unsuccessful. Zzyym served in the Navy as a male but later came to identify as intersex while working and studying at Colorado State University in Fort Collins. Zzyym applied for a passport after being invited to participate in a 2014 meeting of Organisation Intersex International in Mexico City.

Zzyym praised the judge’s ruling but called it the “first step in a long battle” in a statement from the Lamda Legal group, which is representing Zzyym. “It’s a painful hypocrisy that, simply because I refused to lie about my gender on a government document, the government would ignore who I am. I hope the State Department will do the right thing now,” Zzyym said.

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