Trump Administration’s Passport Gender Policy Blocked by Judge — Now What?

A federal judge has officially struck down a Trump-era policy that restricted the ability of U.S. passport applicants to select a gender marker other than “male” or “female,” a move hailed by LGBTQ+ advocates as a significant step toward inclusive identity recognition. But with the ruling comes a new question: what happens next?

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⚖️ Background on the Policy

The Trump administration had enforced a rule that required individuals to present medical documentation proving gender transition in order to update their gender marker on U.S. passports. The policy excluded nonbinary individuals entirely and made the process of changing gender markers burdensome, especially for transgender applicants who had not undergone medical transition.

The legal challenge—brought forward by a nonbinary individual denied a passport with an “X” gender marker—argued that the policy was unconstitutional, discriminatory, and violated the rights of U.S. citizens to accurate identity representation.

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🧑‍⚖️ The Judge’s Ruling

In the ruling issued this week, the judge called the policy “arbitrary and capricious” and a violation of administrative procedure. The court stated that the U.S. State Department failed to provide a sufficient justification for denying passport applicants a nonbinary gender option and unnecessarily burdened transgender individuals with invasive medical documentation requirements.

The decision blocks enforcement of the Trump-era rule and calls for a review of current passport application practices related to gender identity.