U.S. Court of Appeals for the First Circuit

de la Fuente Diaz v. Gonzalez Colon

September 1, 2026

Summary

The court vacated the district court's grant of summary judgment to nonbinary plaintiffs challenging Puerto Rico's refusal to provide an “X” gender marker on birth certificates. Assuming without deciding that rational-basis review applied, the court held that the policy was rationally related to Puerto Rico's legitimate interest in protecting the privacy of people born in Puerto Rico because the plaintiffs had not shown that the policy infringed their privacy rights. The court remanded for further proceedings.