A federal judge has temporarily halted a policy from the Trump administration that would prohibit the use of the “X” marker on passports, a feature utilized by many nonbinary individuals. The policy also aims to restrict changes to gender markers. This action follows an executive order signed by President Donald Trump, which narrowly defines sex as either male or female and opposes the notion of gender transition from one’s birth-assigned sex. This perspective aligns with conservative views but contradicts the positions held by major medical organizations and the policies under former President Joe Biden.
U.S. District Judge Julia Kobick, appointed by President Joe Biden, granted a preliminary injunction requested by the American Civil Liberties Union (ACLU). This ruling pauses the enactment of the policy while the lawsuit proceeds. Judge Kobick stated that the executive order and passport policy inherently categorize applicants based on sex, necessitating intermediate judicial scrutiny. According to this standard, the government must prove its actions are significantly related to an important governmental interest, a criterion the administration has failed to meet.
The ACLU filed the lawsuit against the Trump administration on behalf of five transgender Americans and two nonbinary plaintiffs. The organization argued that the proposed policy would prevent transgender, nonbinary, and intersex Americans from obtaining accurate passports, thus exposing them to potential harassment, discrimination, and violence. According to an ACLU lawyer, all individuals have the right to identity documents that reflect their true selves, and the policy undermines this fundamental right.
In its defense, the Trump administration claimed that the changes to the passport policy do not infringe upon constitutional equal protection guarantees. The administration also asserted that the president has extensive authority over passport policies and contended that the plaintiffs would not suffer harm, as they retain the freedom to travel internationally.
