U.S. Court Upholds Order to Resume Issuing ‘X’ Gender Passports
A federal appeals court in the United States has upheld a lower court ruling directing the State Department to resume issuing passports with an “X” gender marker, a major win for transgender, nonbinary, and intersex Americans who had challenged a Trump-era policy.
The Boston-based 1st U.S. Circuit Court of Appeals on Thursday rejected the Trump administration’s attempt to reinstate its restrictive passport rules, affirming that individuals must be allowed to choose gender markers that reflect their identity.
The ruling leaves in place a nationwide injunction earlier granted by District Judge Julia Kobick, who found the administration’s order unconstitutional and rooted in prejudice.
The dispute stems from President Donald Trump’s Executive Order 14168, signed in January 2025, which mandated that federal documents, including passports, recognize only “male” and “female” sexes determined at conception.
Secretary of State Marco Rubio quickly moved to enforce the order, suspending all applications for passports carrying the “X” designation. Existing passports remained valid until expiration, but no new ones could be issued.
The American Civil Liberties Union (ACLU) filed suit in a case known as Orr v. Trump, arguing that the measure violated the constitutional rights of nonbinary and transgender people. In June, Judge Kobick sided with the plaintiffs, certifying the case as a class action and ordering the government to restore access to gender-appropriate passports.
The appeals court has now confirmed that decision, stating the administration failed to show any justification for banning the “X” marker and warning that blocking it would cause immediate and irreparable harm. As a result, the State Department is once again processing applications for passports marked “M,” “F,” or “X.”
For applicants, this means that those seeking new passports, renewals, or replacements can now self-select their gender marker through a revised attestation form. The ACLU has urged people to take advantage of the ruling swiftly, noting that while the injunction currently protects their rights, further appeals from the Trump administration remain possible.
The decision marks a significant milestone in the ongoing fight over legal recognition of nonbinary identities, ensuring—for now—that U.S. passports reflect the diversity of gender experiences in the country.
