KCBS_740 DENVER (AP) — A federal judge in Denver is considering whether the U.S. government should require people to pick a gender to get a passport.

The issue emerged through a lawsuit filed by a Colorado resident who was denied a passport for refusing to check “male” or “female” on the application. A judge is set to hear arguments Wednesday.

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Lambda Legal sued last year on behalf of Dana Zzyym of Fort Collins, who was born with ambiguous sex characteristics. The lawsuit claims that requiring people to check a box marked either “M”’ or “F” is discriminatory and asks people like Zzyym to lie.

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Countries including Australia, New Zealand and Nepal allow people to have their gender marked as “X” or “other” on passports.

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