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As Nonbinary Saba Sued For Gender X License NYS Calls It Moot Now Moves To Dismiss

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Dec 16 – Sander Saba sued New York Governor Andrew Cuomo and his Department of Motor Vehicles as a nonbinary transgender New York resident who wants a driver's license that accurately reflects their nonbinary gender identity by using the gender marker "X." 

 On November 6, 2020 U.S. District Court for the Southern District of New York Judge Lewis J. Liman held a proceeding. Inner City Press covered it. 

The governmental defendants wanted a total stay of discovery.

Judge Liman agreed but only partially. He will allow Saba through counsel to depose an official of the DMV. 

At first he said the questions should be sent to him in advance, then thought the better of it.

Let the State complain if they do not like the questions. He declined to delay the time to oppose until after the deposition.

On November 11, the DMV's Gregory Kline filed a declaration which changes his earlier statement based on which the State argued the case was moot. Kline has said that legacy computer system was being changed to obvious the need for a gender selection.

  Kline states that since October 29, "DMV has resolved to modify its existing system rather than replace the existing system in order to enable DMV to simultaneously focus efforts on expanding the availability of certain remove services that will eliminate the need for in-person DMV office visits... However, this change will not negative impact DMV's goal to allow DMV to create a license record without the need for an applicant to make a binary 'male' or 'female' gender selection." But he does not say how.

  Now on December 16 the State, by its Attorney General, has moved to dismiss Saba's complaint, including an email offer that it made to give a manual license, not automated. The State says this is a new demand and that no live case or controversy remains.

Watch this site.

The case is Saba v. Cuomo et al., 20-cv-5859 (Liman)


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