A federal judge has halted the government’s attempt to restrict passport sex markers for many transgender and nonbinary Americans.
US District Judge Julia Kobick ruled on Tuesday that individuals without a passport or those needing to apply for a new one may choose a male, female, or “X” gender marker rather than being confined to the sex assigned at birth.
The restriction arose from an executive order signed by President Donald Trump in January, which defined sex strictly as male or female, rejecting recognition of gender transition. Earlier this year, Judge Kobick issued a preliminary injunction protecting six plaintiffs involved in a lawsuit led by the American Civil Liberties Union (ACLU).
Tuesday’s ruling broadens that injunction, covering transgender and nonbinary people whose passports are invalid, expiring soon, lost, stolen, or require updates in name or gender marker.
Judge Highlights Constitutional Issues
Judge Kobick found that the government failed to demonstrate any constitutional harm from blocking its policy or any negative impact on international relations. Conversely, she determined that the policy likely violates equal protection rights of thousands of Americans.
“Even assuming a preliminary injunction inflicts some constitutional harm on the Executive Branch, such harm is the consequence of the State Department’s adoption of a Passport Policy that likely violates the constitutional rights of thousands of Americans,” Kobick wrote.
She also stated that the policy must meet intermediate judicial scrutiny since it classifies applicants based on sex, a standard the government did not satisfy.
Impact on Transgender and Nonbinary Passport Applicants
The lawsuit detailed instances such as a woman receiving a passport with the wrong gender marker and others fearing to apply out of concern their passports would be suspended or held by the State Department. One plaintiff awaited a corrected passport, worried about missing important personal and professional events.
The administration argued that the policy change does not violate constitutional equal protection guarantees and that the president retains broad authority over passport policy. They also claimed plaintiffs would not suffer harm since international travel remains an option.
What The Author Thinks
This ruling represents a critical step toward recognizing and respecting the identities of transgender and nonbinary Americans in official documentation. Restricting gender markers to assigned birth sex ignores the lived realities of many individuals and imposes unnecessary burdens on their freedom of movement and personal dignity. Legal protections like this encourage inclusivity and affirm that government policies should adapt to reflect society’s evolving understanding of gender. Ensuring access to accurate identity documents is essential for equality and civil rights.
Featured image credit: Marco Verch via CCNull
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