A federal judge has granted a nationwide injunction preventing the Trump administration from enforcing its ban on gender marker changes for transgender and nonbinary Americans on passports.
The ruling comes in the case Orr v. Trump, which was filed in early February by the ACLU (American Civil Liberties Union) after the US State Department began enforcing a rule requiring passport gender markers to match an individual’s sex assigned at birth. The move was based on an executive order signed by Donald Trump on his return to office earlier this year — an order that directed all federal agencies to reject the existence of transgender people.
Lawsuit Challenged Constitutionality of Executive Order
The ACLU filed the lawsuit on behalf of several plaintiffs, including social media influencer Zaya Perysian and Ash Orr, a trans advocate and policy expert whose name the case carries.
The legal team argued that the policy violated:
- The First Amendment, by forcing the president’s ideology onto citizens
- The Equal Protection Clause, by discriminating based on sex and gender identity
- The Administrative Procedure Act, due to the lack of proper notice or public input
The ACLU also referenced the 2020 Supreme Court ruling in Bostock v. Clayton County, which affirmed that discrimination against transgender employees is a form of sex-based discrimination under Title VII of the Civil Rights Act.
In late April, the presiding judge — Judge Julia Kobick, appointed by President Biden — had already ruled that Trump’s executive order appeared likely unconstitutional. She ordered the State Department to issue passports with accurate gender markers to the individual plaintiffs.
Class Action Status and Nationwide Impact
On Tuesday, Judge Kobick granted class action status, expanding the preliminary injunction to include all affected individuals across the US. This means the State Department must resume issuing passports that reflect a person’s correct gender identity, including an “X” option for nonbinary applicants.
“This decision is a critical victory against discrimination and for equal justice under the law,” said Li Nowlin-Sohl, senior attorney at the ACLU’s LGBTQ & HIV Project.
“But it’s also a historic win in the fight against this administration’s efforts to drive transgender people out of public life.”
Nowlin-Sohl urged those impacted to take full advantage of the legal relief now available and reaffirmed the ACLU’s commitment to permanently blocking the policy.
Impact on Travel and Privacy Rights
Jessie Rossman, Legal Director at ACLU Massachusetts, highlighted the wider implications of the policy and the court’s response.
“This decision acknowledges the immediate and profound negative impact that the Trump administration’s passport policy has on the ability of people across the country to travel for work, school, and family,” she said.
“The passport policy attacks the foundations of the right to privacy and the freedom for all people to live their lives safely and with dignity.”
Although the legal battle continues, the preliminary injunction marks a major win for transgender, nonbinary, and gender nonconforming people in the US, who can now once again apply for passports that affirm their identity.
