This legislative session the Indiana GOP is once again trying to oppress nonbinary Hoosiers by attempting to prohibit a nonbinary option on all state-issued identification.
Indiana became the sixth state in the country to offer a nonbinary option on driver's licenses last year by allowing a gender designation of "X" in addition to "M" and "F." However, Senate Bill 74, introduced in the state Senate this month, would remove the nonbinary option and legally define "gender" for the purposes of motor vehicle law, according to the latest version of the bill's text. Public records show the bill has not yet been approved by a Senate committee. The legislative session will end March 14.
Senate Bill 74 threatens the ability of nonbinary individuals to freely express their true gender identity. Hoosiers must organize grassroots protests to force corporations to seriously reconsider investing in Indiana and ensure that no more bigoted legislation will flow from Statehouse.
The rule of law, a foundational principle of our government, demands that laws be applied to everyone equally. However, this bill exclusively targets nonbinary Hoosiers.
The first section of the bill adds definitions of "gender" and "nonbinary designation" to Indiana motor vehicle code.
"'Gender' means male or female," the bill says. "'Nonbinary designation' means any gender classification other than male or female."
The Human Rights Campaign, a national LGBTQ advocacy group, defines nonbinary as an adjective describing a person who does not identify exclusively as a man or a woman. "Nonbinary people may identify as being both a man and a woman, somewhere in between, or as falling completely outside these categories. While many also identify as transgender, not all nonbinary people do," HRC's online glossary says.
If Senate Bill 74 were to become law, it would prevent the full expression of a nonbinary person's gender identity, trapping them in the struggle of maintaining two different identities. Additionally, having an inaccurate gender on state ID increases the likelihood of miscommunications with law enforcement and healthcare providers.
The Indiana GOP has attacked the rights of transgender and nonbinary people before, which raises the question of what purpose this bill serves other than to fulfill a malicious agenda.
The primary author of Senate Bill 74, Sen. Jim Tomes, R-Wadesville, has previously pushed for anti-transgender legislation. A 2015 Senate bill he sponsored would have punished people who used public bathrooms and locker rooms that did not match their gender listed at birth with up to one year in jail and $5,000 in fines.
Last year, Rep. Holli Sullivan, R-Evansville, added to a transportation bill completely unrelated to gender an amendment that would have made the birth certificate the sole document that establishes gender identity when changing gender on a driver’s license. This would have replaced the current policy of presenting the Indiana Bureau of Motor Vehicles with a physician’s note confirming one’s true gender identity.
Defending Hoosiers' LGBTQ rights will require putting public and economic pressure on lawmakers.
Despite past attempts at enacting discriminatory legislation, Indiana has good prospects for economic development. CNBC reported in 2019 that Indiana has one of the lowest costs of doing business in the country because of its low corporate tax rate and good infrastructure.
People need to protest and leverage the influence of corporations to call out these lawmakers on their prejudiced views. A public uproar in 2015 over the Religious Freedom Restoration Act and its potential to use religion as a basis to discriminate against the LGBTQ community forced several companies to nearly boycott Indiana. Angie’s List co-founder and CEO Bill Oesterle canceled his $40 million headquarters expansion in Indianapolis because of RFRA.
When the economic consequences of the public pressure became too high, state lawmakers amended the law to better protect LGBTQ Hoosiers.
Although progressives may be apprehensive of working with large companies on social justice issues, they may be essential to change in many red states.
Neighboring states such as Michigan have just made it significantly easier to change the gender listed on driver’s licenses, requiring only a $10 fee. Indiana has to compete with states like Michigan to attract the best workers, and talent often comes from diverse backgrounds.
Sustained protests, social media campaigns and leveraging corporate influence will make it clear to Indiana lawmakers that to participate in the 21st century economy we have to be more inclusive.
There are Republican supermajorities in both chambers of the Statehouse, but we can still use grassroots public pressure to dissuade lawmakers and corporations from adopting hateful policies.
Ian Nowlin (he/him) is a sophomore studying law and public policy. He has minors in Spanish and Arabic.
