A Colorado resident, who was denied a passport for failing to identify as male or female on the application, has filed a lawsuit hoping to have an "other" option available.

According to the Denver Post, Dana Alix Zzyym, who's birth name is Brian Orin Whitney, lives in Fort Collins, and was born with intersex characteristics. Intersex means the person was born as neither male or female. The lawsuit claims nearly 2% of the population is born intersex.

Zzyym, who's birth certificate says sex "unknown," was raised as a boy, and reportedly underwent several painful and unnecessary surgeries, and served in the U.S. Navy.

The lawsuit, filed by Lambda Legal, a gay rights organization, accuses Secretary of State John Kerry and Sherman Potell, director of the Colorado Passport Agency of discrimination. Zzyym was denied a passport because of the failure to designate a particular sex.

The lawsuit could have implications beyond the check box on a passport application. It could cause legal documents and applications in other walks of life to be re-written, incorporating the "other" option.

 

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