A federal judge has struck down the Donald Trump administration’s attempt to reinstate a restrictive passport marker policy that would force transgender and nonbinary Americans to use designations based solely on biological sex.

Court Rejects Restrictive Passport Order

July 13, 2025: On June 17, 2025, U.S. District Judge Julia Kobick in Massachusetts issued a ruling blocking the Trump administration’s effort to require passport applicants to use only their sex assigned at birth, effectively banning gender identity-accurate or “X” gender markers. Judge Kobick ruled that the policy likely violated the Fifth Amendment, finding it rooted in “irrational prejudice toward transgender Americans” and discriminatory as a matter of law.

The previous preliminary injunction—limited to six individual plaintiffs—was expanded to a broader class-action ruling. Now, all U.S. transgender, nonbinary, and intersex passport holders are protected from this policy, ensuring continued access to passports that align with their identity or allow self-selection of an “X” marker.

What the Ruling Means for Travelers

Under this expanded injunction:

Individuals applying for a new passport, renewing within one year, changing their name or gender marker, or replacing lost or damaged documents can choose a sex marker that matches their gender identity, including “M,” “F,” or “X.”

The ruling effectively stops the Trump-era executive order (EO 14168) that sought to abolish gender self-identification on federal IDs.

Despite the ruling, some applicants have reported delays and confusion at passport offices, suggesting inconsistent implementation—but the court order requires immediate compliance.

Legal and Social Significance

The ACLU, which led the legal challenge in Orr v. Trump, described the decision as a pivotal moment in the fight against discriminatory federal policy and a reaffirmation of privacy and identity rights.

Judge Kobick’s ruling emphasized that the Trump-era policy failed to meet the legal standard of serving a substantial governmental interest and instead conveyed hostility toward transgender Americans.

Broader Context

Trump’s executive order in January 2025 mandated that all federal ID documents—including passports—use only binary sex markers based on biological sex “at conception,” eliminating previously accepted gender self-identification flexibility.

The order also paused the issuance of passports bearing the “X” marker and froze any applications for gender marker changes. Although existing passports with X markers remained technically valid, renewals or updates were denied unless restricted to male or female.

Final Take

The recent federal court ruling marks a major safeguard for transgender, nonbinary, and intersex Americans seeking identity-accurate travel documents. By extending the injunction nationwide, Judge Kobick has prevented the enforcement of a policy that legal experts and advocates say lacked both constitutional legitimacy and any valid public interest rationale. The decision underscores the judiciary’s critical role in safeguarding civil rights and the dignity of all individuals—regardless of gender identity.