A group of transgender individuals in the United States has filed a federal lawsuit against the Trump administration after an executive order eliminated the ‘X’ gender marker from passports.
The order, signed by President Trump, mandates that U.S. government-issued identification documents—including passports, visas, and Global Entry cards—must reflect an individual’s sex “at conception,” effectively recognising only male and female genders.
Legal Battle Over Gender Recognition
The lawsuit, spearheaded by the American Civil Liberties Union (ACLU) on behalf of seven plaintiffs, argues that the policy discriminates against transgender and non-binary individuals. It alleges that the State Department has not only rejected passport applications reflecting an individual’s gender identity but has also withheld applicants’ original passports and birth certificates, disrupting travel plans and everyday life.
A State Department spokesperson defended the move, stating that passport issuance would align with the executive order and reflect an applicant’s “biological sex as defined in the Order.” Additionally, applications requesting gender identity changes have reportedly been “suspended.”
Impact on the Transgender Community
The lawsuit also challenges the removal of the ‘X’ gender marker, which was first introduced in 2022 to allow non-binary individuals or those awaiting updated birth certificates to self-select their gender. The ACLU has received concerns from over 1,500 transgender individuals and their families who fear they will no longer be able to obtain accurate travel documents.
ACLU legal director Jessie Rossman condemned the administration’s policy, calling it “yet another example of the Trump administration attempting to deny the dignity of transgender people and push them out of public life.” She added, “These efforts are cruel, unfair, and unlawful. We’re challenging this unconstitutional Passport Policy because all people deserve the freedom to live their lives safely and with dignity.”
A Growing Legal and Human Rights Issue
The case has drawn national attention, sparking debates about civil rights, legal recognition of gender identity, and the federal government’s role in defining sex and gender. With the lawsuit now underway, its outcome could set a significant precedent for the rights of transgender and non-binary individuals in the United States.
