Trans people sue over losing ‘X’ marker on passports

USA passport application

A group of trans people in the U.S are suing the Trump administration for removing the ‘X’ gender marker on their passports.

This follows an executive order signed by President Trump, confirming that the U.S would only “recognise two sexes” and directing the State Department and Homeland Security “to require that government-issued identification documents, including passports, visas, and Global Entry cards” reflect their sex “at conception”.

Now, a federal lawsuit has challenged the order, with the complaint accusing the State Department of rejecting applications from trans people and only issuing documents with their sex assigned at birth.

The State Department was subsequently accused of withholding old passports and birth certificates sent in by trans applicants, leaving their travel plans – and lives – in limbo.

It said that applications to obtain documents with their gender identity rather than the sex they were assigned at birth have been “suspended”.

Speaking to USA Today, the State Department said: “In line with that Order, the Department’s issuance of US passports will reflect the individual’s biological sex as defined in the Executive Order.”

The lawsuit will also challenge the loss of people’s ability to choose ‘X’ as their gender marker, which was introduced in 2022 to allow applicants to self-select the non-binary gender marker if they identified as such or in the case of applicants whose birth certificates had not yet been reissued to show their correct gender identity.

I’m In a press release, the American Civil Liberties Union (ACLU), who is filing the lawsuit on behalf of seven plaintiffs, said that the order is “attempting to mandate discrimination against transgender people across the federal government and government programs”.

The organisation has been in touch with over 1,500 transgender people, or their family members, who were concerned about not being able to get a passport.

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“This is yet another example of the Trump administration attempting to deny the dignity of transgender people and trying to push them out of public life,” ACLU legal director Jessie Rossman said.

“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,” she added.

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