California legally recognizes three genders: female, male, and nonbinary. All three appear as options on state-issued documents including birth certificates, driver’s licenses, and state identification cards, and you can select any of them regardless of the gender you were assigned at birth or what your current documents show.1California Legislative Information. California Health and Safety Code 103425
The Three Categories and How They Appear
Female, male, and nonbinary are the three legal categories. On driver’s licenses and state ID cards, the choices show up as F, M, and X, with X standing for the nonbinary designation. On birth certificates, the sex field can be issued as female, male, or nonbinary.
The nonbinary option was added by the Gender Recognition Act, Senate Bill 179, signed in 2017. Since January 1, 2019, applicants have been able to self-select F, M, or X at the DMV without any additional documentation.2State of California. Change Your Name or Gender
No Medical Requirement to Select or Change Your Gender
California does not require surgery, hormone therapy, a doctor’s letter, or any psychological evaluation to select or change your legal gender. The state offers two pathways for birth certificate changes and a self-selection process at the DMV.
For a birth certificate, you can apply directly to the California State Registrar with a sworn statement that the request aligns your legal gender with your gender identity and is not for a fraudulent purpose.3California Legislative Information. California Health and Safety Code 103426 The Registrar then issues a new certificate reflecting your chosen gender. Alternatively, you can file a petition in any California superior court asking for a judgment recognizing your change of gender to female, male, or nonbinary, again supported only by a sworn declaration.1California Legislative Information. California Health and Safety Code 103425
At the DMV, the process is even simpler. You complete a new application, select F, M, or X, and finish the update in person. No court order, no amended birth certificate, and no medical documentation is required.2State of California. Change Your Name or Gender
What Legal Recognition Actually Protects
Recognizing three genders is not just an administrative choice. It carries into a set of state laws that treat gender identity and gender expression as protected characteristics across major areas of daily life.
Employment and Housing
California’s Fair Employment and Housing Act prohibits discrimination based on gender identity or gender expression in hiring, firing, pay, promotions, and other terms of employment. The protection reaches job applicants, unpaid interns, volunteers, and contractors, and the same statute covers housing and public accommodations.4California Legislative Information. California Government Code 12940 The Civil Rights Department investigates complaints and can pursue legal action.
At the federal level, the U.S. Supreme Court held in Bostock v. Clayton County that firing someone for being transgender violates Title VII of the Civil Rights Act.5Supreme Court of the United States. Bostock v. Clayton County, 590 U.S. 644 That protection runs alongside California law, though the EEOC rescinded some of its prior transgender-specific guidance in January 2026.
Schools
California law requires public elementary and secondary schools to let students participate in programs, activities, and athletics consistent with their gender identity, regardless of what school records show. This includes access to facilities such as restrooms and locker rooms, and schools must respect students’ gender identity in records and daily interactions.6California Legislative Information. California Education Code 221.5
Health Insurance
State insurance rules bar health insurers from denying, canceling, or limiting coverage based on gender identity or transgender status. Insurers cannot categorically exclude gender-affirming services such as hormone therapy, mental health care, or surgical procedures. If a health plan covers a service for non-transgender patients, it must cover the same service for transgender patients as part of gender-affirming care.7California Department of Insurance. Equal Access to Health Insurance – Coverage for Transgender Californians Insurers can still deny a specific claim using standard medical necessity criteria, but blanket exclusions violate California law.
Where California’s Recognition Stops: Federal Documents
California recognizes three genders. The federal government currently recognizes two on passports. Executive Order 14168, issued in January 2025, directed the U.S. State Department to stop issuing passports with an X marker, so federal passports now carry only M or F matched to the applicant’s biological sex at birth.8U.S. Department of State. Sex Marker in Passports
The executive order does not override California’s state-level recognition. Your California birth certificate, driver’s license, and state ID can still show a nonbinary marker. But a resident whose state license shows X cannot obtain a matching federal passport, which can create friction at airport security, border crossings, and any situation requiring matched IDs.
Confidentiality of the Change
When you update your birth certificate, the new record replaces the original and makes no reference to the change. The old certificate is sealed and its information is available only if you personally request it in writing or a court orders its release.9California Legislative Information. California Senate Bill 741 The reissued certificate looks identical to any other, so someone reviewing it would not know it had been reissued. In court proceedings for a gender-related name change, your current legal name is kept confidential and is not published or posted in calendars, indexes, or public records.