DENVER--All Dana Zzyym wants is a legal, accurate passport.
The only thing standing in the way is one box on the form.
"I wrote 'I' on the form instead of male or female because that bottom line (of the instructions on the form) says under penalty of perjury," Zzyym said.
Dana wrote the letter I on the form to mean "intersex."
When Dana was born, doctors said there was no clear physical gender. Several surgeries didn't change that.
Dana tried living as a man and as a woman. Neither really worked out.
The state department expects a clear M or F.
"It's a government entity which is extremely hard to change," Zzyym said.
The agency denied the passport application so now Dana's suing for the right to get a passport without listing a gender of male or female.
Australia, New Zealand, and Nepal offer more options on their passports.
"Dana is a U.S. citizen and military veteran and it's inconsistent with Dana's rights and Dana shouldn't have to choose," attorney Paul Castillo said.
A federal judge in Denver has sided with Dana, suggesting the state department offer a third option. But that's not a legal order--at least for now.