Governor González-Colón Announces First Circuit Decision Reversing Order Regarding “X” Sex Marker on Birth Certificates

La Fortaleza, San Juan, Puerto Rico — September 3, 2026 — Governor Jenniffer González-Colón announced today that the United States Court of Appeals for the First Circuit has reversed a decision by the U.S. District Court that had ordered Puerto Rico’s Demographic Registry to recognize an “X” sex marker on birth certificates.

The federal appellate court’s decision validates the Government of Puerto Rico’s position to maintain male and female sex markers on birth certificates in accordance with existing law and recognizes the Government’s authority to determine how its public records are maintained and administered.

“From the beginning of this case, our Administration has been clear: the Government of Puerto Rico must act in accordance with our laws and the Constitution. The First Circuit’s decision supports the position we defended before the court and recognizes the authority of the Government of Puerto Rico to establish and administer its public records in accordance with our legal framework,” Governor González-Colón said.

“I want to recognize the work of Solicitor General Omar Andino-Figueroa, Secretary of Justice Lourdes Gómez, and the entire team at the Department of Justice that carried this defense before the federal courts. Their legal work was instrumental in achieving this result and in defending the authority of the Government of Puerto Rico,” the Governor added.

The case, De La Fuente-Díaz v. González-Colón, originated from a decision issued on June 2, 2025, by the U.S. District Court for the District of Puerto Rico, which had ordered the Demographic Registry to provide a third option, identified as an “X,” on the gender marker change form for individuals who do not identify as male or female. The District Court had based its ruling on the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Following that decision, the Government of Puerto Rico appealed to the United States Court of Appeals for the First Circuit and requested a stay of the ruling while the appeal was being considered. The appellate court granted that request.

Subsequently, Puerto Rico Solicitor General Omar Andino-Figueroa appeared before the First Circuit in Boston and argued the case before the panel of judges on April 9, 2026.

“This decision by the First Circuit adopts the Government of Puerto Rico’s position that our legal framework does not recognize an ‘X’ sex marker on birth certificates. The Court reversed the District Court’s judgment that had ordered the Demographic Registry to incorporate that option,” said Solicitor General Omar Andino Figueroa.

“As Solicitor General, I am pleased to report that Puerto Rico’s birth certificates will continue to recognize male and female sex markers. We also thank the twenty states and their attorneys general who appeared as amici curiae in support of our position. This strategic alliance was of great importance in defending the rule of law and the public policy of the Government of Puerto Rico,” Andino-Figueroa added.

Secretary of Justice Lourdes Gómez also highlighted the significance of the ruling in defending the authority of the Government of Puerto Rico.

“The First Circuit’s decision represents an important reaffirmation of the authority of the Government of Puerto Rico to administer its public records in accordance with existing law. The Department of Justice will continue to firmly defend the Government’s authority and ensure that our public policies are implemented consistently with our legal framework,” Gómez said.

As a result of the First Circuit’s decision, Puerto Rico will continue to recognize male and female sex markers on birth certificates issued by the Demographic Registry.

The states and entities that appeared as amici curiae included Idaho, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wyoming, as well as the Arizona Legislature.

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