Trans People Can Obtain U.S. Passport Aligning With Gender Identity, Judge Rules
A U.S. federal judge in Boston has ruled that transgender and intersex individuals must be able to obtain passports reflecting their self‑selected gender identity,including the “X” option, blocking a Trump-era policy that mandated gender markers based only on biological sex at birth.
The Legal Decision
Judge Julia Kobick issued a nationwide injunction on June 17, 2025, expanding upon an earlier order that had applied to just six plaintiffs. The injunction requires the State Department to process new, expiring, or replacement passport applications with the chosen gender marker, M, F, or X.
Kobick found the Trump administration’s policy likely violated constitutional guarantees of equal protection, noting it was rooted in “irrational prejudice toward transgender Americans.” She emphasized the harm faced by applicants who couldn’t travel, faced document mismatches, or risked emotional distress.
Who This Ruling Affects
The injunction extends to:
- Individuals needing a new passport
- Those with passports expiring within a year
- People replacing lost, stolen, or damaged passports
- Applicants updating their name or gender marker
It does not cover holders of valid passports who aren’t seeking to renew or update.
Background & Policy Shift
Under a January 2025 executive order titled “Defending Women from Gender Ideology Extremism,” the Trump administration rescinded the U.S. policy that allowed gender marker X on passports, restricting issuance to male or female based on birth sex.
This rollback reversed the 2021 Biden-era policy, which affirmed self-identification and introduced the “X” marker option.
Reactions & Next Steps
The American Civil Liberties Union (ACLU), representing the plaintiffs, hailed the ruling as a “critical victory” and pledged continued advocacy. However, the Trump White House criticized the decision, dismissing gender diversity and asserting that passports should reflect only two sexes.
The legal battle is ongoing, with the State Department expected to appeal. Meanwhile, affected individuals are encouraged to apply promptly under the injunction.
Bottom line: This ruling restores and expands the right for transgender, nonbinary, and intersex Americans to obtain accurate passport documentation aligned with their gender identity, representing a significant step in federal recognition and equality.
