A federal judge is asking the State Department to reconsider its decision to deny a passport to a Colorado resident who refused to check either male or female on the application.

In a ruling Tuesday, U.S. District Judge R. Brooke Jackson said he didn't think the government had acted rationally in denying a passport to Dana Zzyym (ZIM), who was born with ambiguous sexual characteristics and doesn't identify as either male or female. However, he said he wanted to give it a chance to reconsider, saying it wasn't time to weigh in yet on the constitutionality of the decision.

Zzyym praised the ruling but acknowledged it was the "first step in a long battle."

A handful of countries allow intersex people like Zzymm to designate their gender with a third option.

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