Eighty-two Democratic members of the U.S. House of Representatives have signed a letter opposing Donald Trump’s executive order banning passports that accurately reflect the gender identities of transgender, nonbinary, and intersex individuals.
The policy, which took effect soon after Trump’s directive that federal agencies recognise only the sex assigned at birth, has drawn sharp criticism from lawmakers, medical experts, and civil rights advocates.
A Dangerous and Discriminatory Policy
The letter, addressed to Russell Vought, the Director of the Office of Management and Budget (OMB) and key architect of Project 2025, highlights the severe consequences of Trump’s order.
It warns that the new passport restrictions will:
✅ Reduce passport accuracy, making travel more complicated and unsafe for trans individuals.
✅ Expose trans, nonbinary, and intersex travelers to harassment and violence—both domestically and abroad.
✅ Jeopardise U.S. citizens’ safety at international passport controls, increasing confusion for border officials and consular offices.
✅ Violate constitutional rights, including equal protection under the law and First Amendment protections.
Reversing 30+ Years of Progress
The letter points out that the State Department has allowed trans applicants to update their gender markers since 1992. In 2010, the requirement for surgical transition was dropped, and in 2022, “X” gender markers became available for nonbinary and intersex individuals.
These policies were informed by leading medical organisations, including:
- World Professional Association for Transgender Health (WPATH)
- American Medical Association (AMA)
- American Psychological Association (APA)
- Centers for Disease Control and Prevention (CDC)
However, Trump has dismissed WPATH’s standards of care as “junk science” and directed federal agencies to disregard all transgender health research produced by the organisation.
The Real-World Impact on Trans Travelers
The 2022 U.S. Trans Survey found that 22% of transgender respondents had faced harassment, assault, or service denial after presenting ID that did not match their gender identity.
By forcing trans, nonbinary, and intersex individuals to carry passports with incorrect gender markers, Trump’s policy increases the risk of such incidents—both at home and abroad.
Legal and Bureaucratic Violations
The signatories argue that Trump’s executive order:
📌 Demonstrates clear animus toward transgender people, making it an unconstitutional violation of equal protection.
📌 Violates First Amendment rights by forcing individuals to misrepresent their gender identity on government-issued documents.
📌 Increases the federal paperwork burden, as affected citizens must now replace accurate passports with inaccurate ones.
📌 Bypassed the legally required 60-day public comment period before altering a widely used government document, violating the 1980 Paperwork Reduction Act.
LGBTQ+ House Members Take a Stand
The letter was signed by several out LGBTQ+ House Democrats, including:
🏳️🌈 Mark Takano (CA)
🏳️🌈 Mark Pocan (WI)
🏳️🌈 Sarah McBride (DE)
🏳️🌈 Ted Lieu (CA)
🏳️🌈 Ritchie Torres (NY)
🏳️🌈 Becca Balint (VT)
🏳️🌈 Robert Garcia (CA)
Trump’s Travel Ban on Transgender Visitors
Adding to the controversy, Trump’s Secretary of State, Marco Rubio, issued a February 2025 memo stating that transgender travelers with gender markers that do not match their assigned sex at birth can be permanently banned from entering the U.S. under a 1952 law designed to prevent fraudulent immigration documents.
What’s Next?
With lawsuits already challenging Trump’s passport policy, legal battles will likely shape the future of transgender rights in the U.S. However, advocates warn that without continued pressure, the rollback of LGBTQ+ protections could accelerate under Trump’s second-term agenda.
