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.