Is non-binary gender legally recognised in the United States?
Recognized
The U.S. recognizes non-binary gender markers on state documents and previously on federal passports, though current legal status remains uncertain due to ongoing litigation.
The United States is one of 13 countries classified “Recognized” for non-binary gender recognition — 52% of the 25 with data. (Also searched as third gender, X gender marker.)
Source
- Last checked
- 15 September 2026
- How it was classified
- Classified by a language model from the source text, then checked against hand-verified reference countries.
Nearby countries
- Canada
- Recognized Canada recognizes "X" gender marker on birth certificates, passports, and driver's licenses.
- Colombia
- Recognized Colombia's Constitutional Court ordered legal recognition of non-binary gender markers on identity documents.
- Iceland
- Recognized Iceland recognizes a third gender option "X" on official documents effective 2020.
- United Kingdom
- Not recognized The UK does not legally recognize non-binary gender on passports or official documents.
- Brazil
- Limited recognition Brazil allows self-declared non-binary gender in ID cards and passports, but no nationwide third gender option.
- Denmark
- Limited recognition Denmark offers limited non-binary recognition through an optional "X" gender marker on passports for transsexual people, but legal gender remains binary.
Other laws in United States
- Same-Sex Marriage
- Marriage legal
- Same-Sex Activity
- Legal
- Sex Work
- Illegal
- Pornography
- Legal
- Divorce
- Legal
- Same-Sex Adoption
- Joint adoption legal
- Incest Laws
- Criminal offense
- Marriage Age
- 18+
Every law in the United States → · Where is non-binary gender legally recognised? →
A visual reference compiled from Wikipedia’s law-by-country articles, not legal advice. Laws change and summaries simplify — check a primary source before relying on anything here.