Currently, if you apply for a driver's license in New York state, you will be asked to mark either M or F under the gender option. Now, one New York resident wants an additional non-binary gender identity option; or, "X" to be included. New York Upstate is reporting that the 25 year-old transgender New York City resident is now suing.

Governor Andrew Cuomo and the commissioner of the NY State Department of Motor Vehicles were named as defendants in the suit filed at a federal court in New York City.

NY Upstate says that the plaintiff already has a New York City birth certificate and a Pennsylvania driver’s license with the "X" marker. the plaintiff says presenting a license with only the "M or F" markers is “stressful, complicated and confusing”.

In October 2018, a law was signed in New York City that created a third gender for certificates issued in the city. This created the “X” option for non-binary individuals. The law went into effect in January 2019.