A federal judge, appointed by President Joe Biden, has partially blocked the Trump administration’s policy that bans the use of the “X” marker on passports for nonbinary individuals and changing gender markers. Judge Julia Kobick granted the American Civil Liberties Union’s motion for a preliminary injunction, allowing six transgender and nonbinary plaintiffs to obtain passports reflecting their gender identity. Kobick found the policy to classify applicants based on sex, failing to meet the required standard of importance. She further stated that the policy shows prejudice against transgender individuals, violating the constitutional commitment to equal protection.
The executive order signed by President Biden in January defines sexes narrowly, rejecting the notion of transitioning between genders, a departure from previous policies. The ACLU argued that the new policy would prevent accurate passport issuance for transgender and intersex individuals. The ACLU hailed the court decision as a victory against discrimination and a step towards equal justice. They plan to extend the ruling to all transgender and nonbinary Americans.
The lawsuit also highlighted cases of individuals facing challenges due to inconsistent gender designations on official documents. The Trump administration defended the policy change, stating it did not infringe on constitutional guarantees and that individuals could still travel abroad. The Justice Department argued that any potential risks related to inconsistent identification documents were a result of the plaintiffs’ choices.
