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‘X’ gender marker ruling sparks legal, political response in Puerto Rico

by | Jul 16, 2025 | Courts, Puerto Rico | 0 comments

On June 3, 2025, Puerto Rico’s federal district court made history. It ruled that nonbinary and gender-nonconforming people may update their birth certificates with ‘X’. This is the result of a group of six nonbinary people who filed a lawsuit against Puerto Rico’s governor, its health secretary, and other officials. 

President of Puerto Rico’s LGBTQ+ Federation, Pedro Julio Serrano, called the ruling “a historic one that upholds equality.” 

“At a time when nonbinary, gender nonconforming and trans communities are under attack, this historic decision opens the door to the full recognition of their dignity,” stated Serrano.

One of the Puerto Ricans who fought for this was Ínaru Nadia de la Fuente Díaz. They stated it “represents a respite from so much repression… It’s an unexpected victory.”

Even though there is celebration for this moment, it is not that simple. Governor Jenniffer González-Colón informed reporters of her next steps. She stated that she is “currently awaiting recommendations from Puerto Rico’s Department of Justice regarding the ruling.”

Puerto Rico has a lively LGBTQ+ scene and encourages tourism in this area. They also celebrate two annual pride parades. According to Discover Puerto Rico, the islands are one of the top gay-friendly destinations in the Caribbean. Even though the islands are in this shape now, the journey was never easy.

A lot has been done to reach today’s rights for LGBTQ+ people in Puerto Rico. After the United States ruled same-sex marriage federally legal in June 2015, not everyone on the islands agreed. In 2016, federal judge Juan Pérez-Giménez refused to recognize a same-sex marriage. To him, the Supreme Court’s decision did not apply to the territories. It ruled on April 6, 2016, that Puerto Rico’s ban on same-sex marriage is unconstitutional, considering the recent Supreme Court ruling.

Regarding transgender rights, Puerto Ricans have been allowed to act within limits since 2018. The ability to change from “female” to “male”, or the other way around, was available. This excluded nonbinary people or others outside of the gender spectrum.

In the 2025 ruling for ‘X’ to be an official gender, the binary options were expanded. The ruling states that under the Equal Protection Clause of the Fourteenth Amendment, it is unjust not to allow this choice. Having X as a gender is an equal right for those who are nonbinary or gender nonconforming.

The recent changes show how important LGBTQ+ history is for Puerto Rico. LGBTQ+ rights in Puerto Rico have been a fight, yet the progress is clear. There are always ways to do more, but for this moment, the new ruling is being celebrated as a large victory.

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ABOUT THE AUTHOR

<a href="https://pasquines.us/author/iagostino/" target="_self">Isabella Agostino</a>

Isabella Agostino

Isabella Agostino is a political science and diplomacy senior student at the University of Central Florida. She has a passion for helping those who are typically cast aside in the world of politics and writes with the goal of both truth and awareness. With a background in social media, writing, customer relations, and management, she focuses on bringing people together. Isabella enjoys all things creative and can be found getting directly involved in all forms of art. She is a Political Affairs Intern Correspondent at Pasquines.

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