The U.S. State Department has issued new guidance regarding passports with an “X” gender marker, addressing widespread confusion following an abrupt policy shift under the Trump administration. The announcement, made after Secretary of State Marco Rubio’s directive last month, clarifies that existing passports and Consular Reports of Birth Abroad (CRBAs) with an “X” marker remain valid until they expire or are renewed. However, individuals who applied for such passports will now face unexpected hurdles.
According to the new guidelines, ongoing applications for an “X” marker will be revised to align with a binary male or female designation based on available documentation, such as birth certificates and government-issued IDs. If an applicant’s documents fail to confirm a birth-assigned sex, the process will be suspended. This policy leaves many non-binary, transgender, and intersex individuals in a bureaucratic limbo, unable to secure a passport that aligns with their identity. Civil rights groups, including the American Civil Liberties Union (ACLU), have swiftly responded, filing a lawsuit on behalf of individuals affected by the policy shift, arguing that it violates constitutional protections of privacy, free speech, and travel rights.
The changes come as part of Trump’s broader effort to legally define sex as strictly binary and immutable, a move that significantly rolls back federal recognition of transgender and non-binary individuals. His administration’s sweeping executive orders not only impact passport policies but also include bans on transgender military service, restrictions on gender-affirming healthcare for minors, and prohibitions on trans women competing in women’s sports. These policies starkly contrast with recent global advancements in gender recognition and raise serious concerns about the future of LGBTQ rights in the United States.
For many transgender and non-binary individuals, the passport issue is more than just a bureaucratic inconvenience—it’s a matter of dignity, safety, and fundamental rights. The ability to travel without facing discrimination at international borders is crucial, and restricting access to accurate identification exacerbates the challenges faced by LGBTQ individuals. The current legal battle is just the latest in an ongoing fight against the erosion of protections for trans and non-binary Americans under the Trump administration.