DMV: 'Non-binary' person can't get driver's license

PORTLAND, OR (KTRK) -- The first person in U.S. history legally designated as non-binary is now struggling to get a driver's license with that sex designation.

An Oregon judge made the ruling because Jamie Shupe, 52, is self-described as being born with mixed sex characteristics.

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"Everything that was going on was wrong... The way I like to describe my situation is, I picture that I had a black father and a white mother. And I was the equivalent of a mixed race child," Shupe says.

"So if we take out the word race and instead change it with sex characteristics, that's who I am. I am someone who was born with mixed sex characteristics. To classify me as solely male or solely female was an injustice."

The Oregon DMV told Shupe it may be months, even years before they can get a license not specifying a sex.

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Shupe, however, says there are a variety of ID cards already being issued without sex specifications, including US Army retirement IDs, Veterans Affairs cards, and social security cards.

"There is no logical argument that I have to have a card from the state that says male or female on it," Shupe said.

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Shupe said getting a license without male or female specificity is a validation of who they are.

The Oregon DMV says they do not have a system to classify a third gender at the moment, and said it may take help from the state legislature to make Shupe's new license possible.