A federal judge in Boston, Julia Kobick, issued a significant ruling on June 17, preventing the Trump administration from denying passports to transgender and nonbinary individuals based on their gender identities. This decision, deemed likely unconstitutional, builds upon an earlier injunction from April that halted the enforcement of this policy for just six individuals. The initial policy, established by Trump’s executive order mandating recognition of only two sexes—male and female—resulted in the Department of State issuing passports based solely on an applicant’s biological sex.
The repercussions of this policy were widespread, leading to confusion and challenges for trans applicants who had already submitted their passport applications. Trans travelers faced accusations of passport fraud due to discrepancies between their gender identity and the information on their passports. Judge Kobick had previously directed the State Department to issue passports to the six affected individuals while the legal proceedings unfolded.
This passport issue is part of a broader pattern of the Trump administration scaling back transgender rights, including reinstating a ban on transgender military service, which was upheld by the Supreme Court in May. The ongoing legal battles and policy changes highlight the complexities and challenges faced by the transgender and nonbinary community in securing basic rights and recognition.