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Arkansas agency’s rule change on state IDs and gender prompts safety debate and pushback

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Arkansas agency’s rule change on state IDs and gender prompts safety debate and pushback



The emergency rule leaves only a narrow way to change sex on documents, which could itself soon be closed.

An emergency rule mandating that all Arkansas driver’s licenses and state ID cards show the bearer’s sex as it’s recorded on a birth certificate went into effect on Thursday after approval by the Arkansas Legislative Council.

Top officials at the Department of Finance and Administration, which issued the rule, say it accounts for a need for the police to know the sex of people they encounter. They invoked public safety as a core rationale for the policy change.

Transgender rights activists and the ACLU of Arkansas, however, are pushing back. They say the policy would likely lead to sex-based discrimination and threatens the safety and wellbeing of trans and gender non-conforming people in the state.

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A driver’s license, DFA Secretary Jim Hudson told the Arkansas Legislative Council on Thursday, “is a document that law enforcement relies upon, and if law enforcement cannot have confidence [in] information about the person they’re encountering, I do believe that is a public safety issue.”

“There is potential for confusion under the existing policy that we rescinded.”

State Sen. Clarke Tucker, D-Little Rock, disagreed.

“What you all are telling me is ‘we want law enforcement to have the most accurate information possible when they’re presented with a person,’ and to me, there’s no distinction between gender, height and weight on that, which are obviously also objectively verifiable.”

Height and weight on a state ID are self-reported, the same as gender was under the previous policy.

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Hudson and Assistant Commissioner Paul Gehring did not city specific problems with the then-current policy over the 14 years it had been in place, saying that the emergency rule change is proactive.

A ‘dangerous proposition’

Sarah Everett, director of policy at the ACLU of Arkansas, took issue with the idea of requiring IDs to show sex assigned at birth.

“They’re implying a couple of things,” Everett said in a Monday interview. “One is that law enforcement treats people differently based on sex, which is illegal, and that trans people are somehow inherently dangerous.”

U.S. Supreme Court precedent, she said, holds that discrimination based on gender expression is, legally speaking, sex-based discrimination.

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“Obviously there’s no basis,” Everett said, for the idea that police must know a person’s sex assigned at birth.

“It’s just it’s kind of a scary and dangerous proposition that trans people should be required to out themselves to law enforcement and anyone else who needs to see their identification,” she said.

“No officer is going to be confused when a woman hands him a driver’s license that says ‘F.’ But he may be confused and may react questionably at best if a woman hands him a driver’s license that says ‘male.’”

‘Going forward’

Since 2010, Arkansas has allowed ID holders to change the gender shown, without any questions asked, and to use the gender-neutral designation “X” in addition to “male” and female.”

Across the nation, 21 other states and the District of Columbia continue to allow state IDs to be marked “M,” “F” or “X.” The practice is also allowed on U.S. passports.

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From now on, people in Arkansas with a gender marker of “X” on their passport must choose between male or female on their state ID, Gehring said before the Legislative Council on Thursday.

All current licenses and IDs will remain valid until their printed expiration date regardless of the sex marker shown on them.

In Arkansas, there is no option to designate a newborn as intersex on a birth certificate or to later change one’s sex to anything besides male or female.

Gehring said that the previous policy of “no questions asked” changes to sex markers was based on a departmental memo, which was not codified in state law or agency rules.

The change, he said, seeks to ensure that everything on a state ID is based on existing documentation.

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The agency’s primary concern with the rule change was the X designation on a state ID, rather than male or female markers which differ from other documentation. This is because a marker of “X” is not “verifiable,” said Scott Hardin, a representative from the DFA.

But any sex markers that might differ from those on a person’s birth certificate, he said, are inherently unreliable and perhaps even inherently fraudulent.

Hardin said that the agency sees the issue of sex markers on state IDs as a pressing concern but that their emergency rule change was not made in response to existing problems on the ground or calls to action from the public or law enforcement.

The emergency rule, Hardin said, has “a sense of urgency” meant “to ensure nothing does happen going forward… [because] there’s a real possibility that something could happen if we’re not to address this.”

Wide-ranging consequences.

Max Calabotta, the Northwest Arkansas Coordinator at the trans rights advocacy group Intransitive, said that the consequences of a mismatch between a person’s outward appearance and the sex shown on their ID are wide-ranging.

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These can include “being misgendered and denied housing, being misgendered and then being mistreated in the hospital when you’re in crisis, being misgendered by a police officer who has a gun and potentially the power to kill you.”

“I have a beard and I have a deep voice,” he said. “You don’t need to know anything else, none of the rest of how my body works.”

The new rule, he said, means that the only option for people to change the gender marker on their ID would likely cost many thousands of dollars in a complex and difficult process.

Under the new rules, Arkansas state IDs can only show male or female and that must match the sex on the holder’s birth certificate. It isn’t impossible for a transitioning person to change the sex on their birth certificate, but the bar to do so is set very high.

It can be changed by court order only after sex reassignment surgery. “Normally an attorney is needed for this type of action,” notes an explanation on the Arkansas Department of Health’s website.

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The combination of medical bills and legal fees that are pre-requisites for obtaining a driver’s license with a different name or sex means a heavy burden for a bureaucratic process that’s practically free in other places.

Adding to this, transgender and gender non-conforming people are far more likely than the general population to be living below the poverty line, according to data from the University of California-Los Angeles, putting transition therapy, let alone legal counsel, far out of reach.

By contrast, for Calabotta, who was born in New York State and moved to Arkansas as a young child, there were no such hoops for them to jump through when changing the sex on their birth certificate.

“I just had to fill out a form and send them I didn’t have to provide a bunch of proof.”

Everett said that even this less attainable loophole could itself be in danger of further restrictions or even elimination.

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“The only reason we haven’t seen an attack on that yet is because we’re not in a regular legislative session,” she said, noting that there are legislative bills in other states seeking to restrict that process.

Everett said that the ACLU of Arkansas’ policy is not to announce any potential legal action they might take until after filing a complaint, but that they are “looking at our options when it comes to litigation.”

An emergency rule like this only stays in effect for three months. Hardin said the DFA is already in the process of drafting a permanent rule change which will allow for a 30-day public comment period.



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Arkansas

ROBERT STEINBUCH: DEI deja vu | Northwest Arkansas Democrat-Gazette

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ROBERT STEINBUCH: DEI deja vu | Northwest Arkansas Democrat-Gazette


Central Arkansas Library System formalized a four-month timeline two weeks ago to find its next executive director. During that meeting, Miguel Lopez, a banker and former chairman of the Arkansas Ethics Commission who is among the community members serving on the hiring committee, stepped up with the sad but predictable racialized script.

He’d like an emphasis on programming, he said. So far, so good. But then came the kicker: He wants a director who “either has a diverse background or diverse perspectives, and that can make anyone feel included.”

You know this autotuned siren song by now. DEI isn’t dead; it’s just rebranded, as if the United States Supreme Court, the Arkansas Legislature and governor, and basic common sense hadn’t already weighed in against it.

Note Lopez’s ask: diverse background or diverse perspectives. Of course, the former is the pigment and plumbing mandate that I’ve discussed here many times.

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What exactly is “diverse perspectives,” though? Is it someone who believes (i.e., knows) that affirmative action is unconstitutional? Someone who understands that biological sex is real? Someone who voted for Donald Trump?

Somehow, those perspectives never seem to count. That’s because the phrase isn’t a commitment to viewpoint diversity at all. It’s a coded assurance that the successful candidate will embrace the “right” (i.e., left) views–an unwavering adherence to the narrow ideological catechism of race-conscious policy preferences, biological-sex denial, and the full DEI lexicon of systemic grievance–even if the candidate, mon Dieu, doesn’t check the preferred demographic boxes himself. And the moment a candidate expresses support for merit-based hiring, he is no longer “diverse.” He is disqualified. Diversity, it turns out, is remarkably homogenous.

But at least Lopez comes to his outlook organically, having once served as the “Hispanic resource officer” at First Community Bank. Who came up with that title–Archie Bunker?

Lopez says he wants to make everyone feel included. Here’s a radical idea that actually works: include them by hiring the best person for the job without regard to race, sex, or other identity checkboxes. And treat patrons as individuals who come to the library for books, knowledge, programming, and quiet refuge–not as avatars of demographic grievance.

That’s not only good policy, it’s the law. Arkansas prohibits any governmental entity from “discriminat[ing] against, or grant[ing] preferential treatment to, an individual or group on the basis of race, sex, color, ethnicity, or national origin . . . .”

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Sadly, the left has spent decades using schools, media, politics, and captured institutions to indoctrinate the public into believing that “diversity” means something nobler than old-fashioned affirmative discrimination. It doesn’t. It functions as a linguistic loyalty oath. To be considered a candidate of a “diverse background” or possessing “inclusive values,” an individual must subscribe wholesale to a specific framework of systemic grievance and identity politics–where dissent is not viewed as a valid counterpoint, but an existential threat to the collective.

Forgive my return to this topic in this column after having had a brief respite, but Lopez’s comments demonstrate that euphemized discrimination resists eradication like a fungus, and efforts to conceal its nature are one of the great hypocrisies of modern times. Take, for example, those academics who insist that their replacement of the pre-Bakke admissions quotas with “holistic review” was anything beyond a transparent shell game.

Holistic review’s score sheet includes such, uh, measurable qualifications as “grit,” which rides along with “lived experience” as wonderfully pliable tools allowing admissions officers to engineer the same racial outcomes as quotas while pretending to evaluate character. The subjectivity isn’t a bug. It’s the feature that makes demographic tailoring possible. No surprise, then, that the outcomes of this alleged comprehensive evaluation method remarkably track the old quota system.

Consider, similarly, the inverted logic of those bemoaning the “implicit bias” of standardized exams painstakingly designed to be neutral. DEI ideologues deride that objectivity, because they won’t abide testing that doesn’t necessarily produce equal results across cohorts. So their solution is always the same: discard the test, massage the scores to create the à priori demanded outcomes, or declare objectivity itself suspect.

Even worse is the central paradox of the modern diversity apparatus: DEI directives champion a kaleidoscope of appearance, but the orthodoxy of thought is non-negotiable. DEI turns neutral public institutions into Red Guard re-education camps (forgive my mixing of communist thuggery for illustrative purposes).

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The library should be about literacy, access to ideas, and community enrichment–not an outpost for the latest equity workshop. Patrons don’t check the director’s demographic scorecard before checking out a book. They care whether the shelves are stocked, the programs are substantive, the budget is managed responsibly, and the doors open on time.

Merit doesn’t have a skin color or gender quota. The country has moved past this failed experiment. Corporations have abandoned it. Courts have struck it down. And states are legislating against it, as Arkansas already has. If public institutions like CALS don’t lead by example, they should at least stop lagging behind.

This is your right to know.


Robert Steinbuch, the Arkansas Bar Foundation Professor at the Bowen Law School, is a Fulbright Scholar and author of the treatise “The Arkansas Freedom of Information Act.” His views do not necessarily reflect those of his employer.

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Dino Fest brings interactive experiences, lifelike dinosaurs and reptiles to Arkansas July

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Dino Fest brings interactive experiences, lifelike dinosaurs and reptiles to Arkansas July


Set for Saturday, July 18, Dino Fest is bringing prehistoric fun to Arkansas with interactive experiences, lifelike dinosaurs, and even some real reptiles.

Jurassic J. and Connor Hesington stopped by to share what attendees can expect.



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Arkansas Storm Team Forecast: Very hot today; isolated showers/t’storms late

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Arkansas Storm Team Forecast:  Very hot today; isolated showers/t’storms late


Temperatures will climb to the upper 90s today and heat index values will get close to 105° this afternoon. There are heat advisories today for part of west and southwest Arkansas.

Today will bring a slight chance of showers or thunderstorms late in the day in Central Arkansas.

Friday will also bring a slight chance of showers and thunderstorms with very hot weather.

Rain chances increase and temperatures drop this weekend when a cold front moves through Arkansas.

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