State Dept. Ordered To Issue Passports With Accurate Gender Markers For Nonbinary And Trans People
Nonbinary and trans people can now get passports with the correct gender marker—without legal or medical documentation.
Following a recent court order, the U.S. Department of State is now required to issue passports that reflect individuals’ correct gender markers—including “F,” “M,” or “X.” The change follows a significant ruling in Orr v. Trump, a case brought by the ACLU and ACLU of Massachusetts, challenging the Trump administration’s policy requiring passports to reflect an individual’s sex assigned at birth rather than an individual’s accurate gender marker.
Related: Trans And Nonbinary Americans Win Key Legal Victory Against Trump Administration’s ID Policy
On June 17, the U.S. District Court for the District of Massachusetts granted class certification and broadened a preliminary injunction against enforcing a White House executive order issued in January, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The preliminary injunction is a temporary restoration for trans and nonbinary individuals to obtain passports with correct gender markers while the court case proceeds.
In compliance with this ruling, the Department of State released an updated instruction guide on how to obtain a new or renewed passport with a preferred sex marker. Applicants can apply for a new passport, renew, or update an existing passport with gender marker changes without providing legal or medical documentation. Applications must include an attestation form that confirms an individual is part of a certified class, meaning one’s gender differs from their sex assigned at birth, or a diagnosis of gender dysphoria.
Related: Donald Trump Can’t Erase Our Gender: Nonbinary Thoughts In MAGA America
If you’re applying for a new passport or replacing a lost, stolen, or damaged one, you must apply in person. However, if you’re renewing your passport or updating information on an existing one, you can submit your application by mail.
The preliminary injunction offers temporary relief, but the legal battle remains active and ongoing. Nonetheless, the ruling marks significant progress for gender recognition and the ability to travel with accurate gender identification.
The ACLU is encouraging trans and nonbinary Americans to submit their passport applications as soon as possible, while the current policy remains in effect.
