The Indiana Court of Appeals denied a group of plaintiffs’ attempts to include a nonbinary option on state driver’s licenses, concluding the “gender” of a permittee or licensee refers to the “biological division of being either female or male.”

The appellate court reversed the trial court’s summary judgment order in favor of the plaintiffs, who sought to compel the state’s Bureau of Motor Vehicles to include a non-binary gender option, according to the April 9 opinion, authored by Judge Randall T. Shepard.