A federal judge in Massachusetts has ruled in favor of six transgender and nonbinary individuals, ordering the State Department to issue passports to them during ongoing litigation challenging President Donald Trump’s policy of recognizing individuals only by their sex assigned at birth. Trump’s executive order mandated the recognition of only two sexes, male and female, leading to a reversal of the State Department’s longstanding policy of allowing passport applications based on gender identity. The Biden administration had previously introduced the option for applicants to choose a neutral marker ‘X’ in addition to male or female.

U.S. District Judge Julia Sobick’s ruling highlighted that the plaintiffs were likely to succeed in arguing that the policy was arbitrary and capricious under the Fifth Amendment, emphasizing potential irreparable harm if they were unable to obtain passports under their self-designated sex. The judge further criticized the policy as being based on irrational prejudice against transgender Americans, conflicting with the nation’s commitment to equal protection.

Despite this ruling, the Trump administration’s passport policy was not blocked nationwide, unlike other policies that have faced judicial intervention. The lawsuit underscored the challenges faced by transgender, nonbinary, and intersex individuals, including potential harassment and discrimination during travel within the U.S. The decision allows the named litigants to receive passports by marking ‘X’ for their sex on applications, marking a significant legal victory against discrimination and in support of equal justice under the law. The ACLU, representing the transgender individuals, hailed the decision as a historic win against the administration’s exclusionary policies.