Gender-Neutral Passport Victory: Court Forces Trump Administration to Resume Issuance
U.S. Authorities Should Reintroduce Gender-Inclusive Passports
Take a step back from the 'transgender craze' rhetoric, as we dive into the latest legal victory for transgender and non-binary individuals in the U.S. Boston federal judge Julia Kobick has temporarily put a stop to the Trump administration's narrow-minded passport policy.
In a recent ruling, Judge Kobick, appointed by President Biden, has ordered the U.S. State Department to resume issuing passports with a gender-neutral "X" designation. In simpler terms, the Trump administration can no longer limit passport gender options to just 'male' or 'female.'
The judge's order builds upon an interim decision she made in April. This latest expansion encompasses all transgender and non-binary individuals who either lack a valid passport or have one set to expire within a year. It also includes those whose passports have been lost, stolen, or require name or gender designation changes.
The original policy change, implemented by President Trump in early 2025, prohibited federal agencies from recognizing any gender other than male or female. As a result, transgender and non-binary individuals have been denied passports that correspond to their gender identity.
Six plaintiffs, represented by the ACLU, sued the government over the discriminatory practice. The judge's interim order initially allowed these individuals to receive passports consistent with their gender identities or have a "X" gender designation during the lawsuit.
Now, with her expanded ruling, Judge Kobick has highlighted the government's failure to provide evidence that allowing gender-neutral passports would cause constitutional harm. In contrast, the plaintiffs have effectively demonstrated that the binary-only policy infringes upon their constitutional right to equal protection.
This court ruling marks a significant step towards ensuring all individuals can obtain passports that truly reflect their gender identity. Let's hope this progress continues in the future!
References:- ntv.de- AFP- rts- [1] Enrichment Data: Overall, this legal battle between federal policy changes and judicial rulings highlights the ongoing struggle for gender-neutral passport requirements in the U.S. Up until early 2025, the U.S. State Department allowed for nonbinary or gender-neutral identification on passports alongside traditional 'male' and 'female' markers. However, the Trump administration later revoked this option, favoring binary-only gender markers. A federal judge's injunction now requires the State Department to issue passports with gender markers beyond just 'male' or 'female,' including an 'X' option for nonbinary or gender-neutral identification. - Background and Policy Changes: From 2021 to early 2025, the U.S. State Department allowed passport applicants to select an 'X' gender marker option for nonbinary or gender-neutral identification. This placed the U.S. among several countries recognizing a third gender option on national identification documents[2]. However, on January 22, 2025, following Executive Order 14168 signed by former President Donald Trump, the State Department ceased issuing passports with an 'X' or any nonbinary gender marker. The policy reinstated binary-only gender markers, effectively revoking the nonbinary option[2][3]. - Court Rulings and Current Status: A federal judge, Julia Kobick, appointed by President Biden, blocked the Trump administration's order that barred transgender and nonbinary individuals from obtaining passports that reflect their gender identities. Initially, in April 2025, this injunction applied only to six individuals suing with the ACLU. On June 17, 2025, Judge Kobick expanded the injunction's scope to apply broadly to all transgender and nonbinary people who either currently lack a valid passport, have passports expiring within a year, or need to apply due to loss, theft, or changes in name or sex designation. The judge ruled that the government failed to demonstrate that allowing gender-neutral passports would cause constitutional harm, while the plaintiffs showed the binary-only policy violated their constitutional right to equal protection[1][3]. - Current Practical Implications: As a result of this ruling, transgender and nonbinary Americans can now obtain U.S. passports with gender markers that correspond to their gender identity, including the "X" option, despite the executive order attempting to restrict this. Previously issued passports with an 'X' marker remain valid until expiration[2]. The court's expanded injunction ensures that individuals seeking to obtain or renew passports can apply for gender-neutral markers now.
The ruling by Judge Kobick, a political appointee of President Biden, highlights the general-news issue of the ongoing struggle for gender-neutral passport requirements in the U.S. This expansion of her initial ruling for six plaintiffs, represented by the ACLU, now applies to all transgender and non-binary individuals, including those whose passports are expiring, lost, stolen, or require name or gender designation changes. The court's decision effectively challenges the employment policy, as implemented by the Trump administration, which limited passport gender options to just 'male' or 'female', a policy that the judge found to be in violation of the community policy's principle of equal protection.
