From Indiana Bureau of Motor Vehicles v. Simmons, decided yesterday by the Indiana Court of Appeals, in an opinion by Judge Randall Shepard, joined by Judges Cale Bradford and Paul Felix:
The Appellees initiated litigation seeking to compel the Indiana Bureau of Motor Vehicles and Commissioner Joseph B. Hoage to include a third gender option on driver's licenses and identification cards. The trial court so ordered. Finding error, we reverse and remand with instructions….
Statutory Interpretation: The court also concluded that the Indiana statute requiring that driver's licenses include the person's "gender" was intended to refer to "sex," and that in turn "refers only to the binary biological classifications of male and female or whether it is a broader term that also includes non-binary classifications."
