Is non-binary gender legally recognised in the United States?

Limited recognition

The US currently restricts federal passport X markers due to ongoing litigation, though some states allow them.

The United States is one of 12 countries classified “Limited recognition” for non-binary gender recognition — 50% of the 24 with data. (Also searched as third gender, X gender marker.)

Source

Taken from
Wikipedia: Legal recognition of non-binary gender
Last checked
17 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 allows citizens to choose an X gender marker on federal documents.
Colombia
Limited recognition Colombia recognizes non-binary gender via court orders and mandates government facilitation, but lacks a general legal framework.
Iceland
Recognized Iceland legally recognizes a third gender option on official documents nationwide.
United Kingdom
Not recognized The UK has no legislation recognizing a non-binary gender category.
Brazil
Limited recognition Recognition is limited to court orders and specific documents, not a nationwide statutory right.
Denmark
Limited recognition Denmark allows an X passport marker only for transsexual people without a legal gender change.

Other laws in United States

Same-Sex Marriage
Marriage legal
Same-Sex Activity
Legal
Sex Work
Varies by region
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.