The US Court of Appeals for the First Circuit on 2025-09-01 revoked an order that required Puerto Rico to offer an 'X' sex marker on birth certificates. ^[1] As a result of the First Circuit's decision, the order requiring the 'X' marker is void, and the system recognizing only male and female sex categories on birth certificates remains in effect. ^[2] The case arose from a lawsuit filed by six non-binary individuals born in Puerto Rico who argued that the Demographic Registry violated their constitutional rights by not offering a marker other than male or female. ^[3] The First Circuit ruled that Puerto Rico may maintain only male and female sex markers on birth certificates, finding the policy serves a legitimate state interest in public records administration and passes rational basis review. ^[4] As a result of the appellate decision, birth certificates issued by the Demographic Registry will continue to use male and female sex markers, according to the government. ^[5] Solicitor General Omar Andino Figueroa said that the First Circuit's decision accepts the government's position that Puerto Rico's legal system does not recognize an 'X' sex marker on birth certificates. ^[6] The case De La Fuente-Díaz v. González-Colón arose from a decision issued on June 2, 2025 by the Federal District Court of Puerto Rico that ordered the Demographic Registry to provide a third option identified with an 'X' on the gender change form for people who do not identify as man or woman. ^[7] Governor Jenniffer González Colón announced on Thursday that the appellate decision supports the Puerto Rico government's position that birth certificates will continue to recognize only the male and female sex markers under current local law. ^[8] The appellate decision affirms the government's authority to determine the content and administration of its public records. ^[9] The case, De La Fuente-Díaz v. González-Colón, stemmed from a June 2, 2025 ruling by the U.S. District Court for Puerto Rico which found that the absence of an 'X' option violated the Equal Protection Clause of the Fourteenth Amendment. ^[10]