Identity and its intersections have assumed greater importance in this age. Unfortunately, exclusion continues to be at the core of most State-issued identity documentation. This is why a single step towards a semblance of equality can provide a refreshing impetus towards bringing about structural change. Last week, the United States of America issued its first gender-neutral passport, with the gender designation, X, thereby recognizing the rights of those who do not identify as either male or female. The passport has been issued to a military veteran — an intersex individual — who had filed a lawsuit against the US state department in 2015 for its refusal to issue a gender-neutral passport. This is, undoubtedly, an encouraging, albeit symbolic, step towards institutional recognition of the rights of sexual minorities. The move corresponds with the electoral promises of the president, Joe Biden, who, in stark contrast to his predecessor, had pledged to protect LGBTQIA+ individuals from violence and discrimination and fight against broad carve-outs within American anti-discrimination law.

Symbolic gestures may be important in establishing a sense of belonging in the public domain, but they are far from sufficient. In spite of legislative intervention, the everyday experiences of queer people around the world continue to be marred by discrimination; they are denied employment, medical facilities and housing, are victims of physical violence and emotional abuse and often live in abject poverty. It is estimated that at least one LGBTQIA+ youth between the ages of 13 and 24 attempts suicide every 45 seconds in the US. Even prior to the pandemic, the unemployment rate for queer people in the US was three times higher than the national average. Legislation can, ironically, challenge the very rights of those it claims to protect. India’s Transgender Persons (Protection of Rights) Act, 2019, which prohibits discrimination and grants transgender citizens the right to ‘self-perceived’ gender identity, has been opposed for putting transpersons at the mercy of bureaucrats authorized to issue identity certificates. Given that inclusive gestures run the risk of being reduced to tokenism, the challenges facing policymakers are two-fold. Laws must be coupled with community outreach programmes as well as meaningful representation in public institutions that shapes private life. Existing laws must also be amended to acknowledge the reservations expressed by the LGBTQIA+ community. After all, the aim of inclusive legislation is to create equitable social conditions.