A federal judge in Massachusetts has ordered the State Department to issue passports to six transgender and nonbinary individuals that reflect their self-identified gender, pending the outcome of an ongoing legal case.
The decision comes as part of a challenge to a policy enacted by the Trump administration in January, which directed federal agencies to recognize only male and female designations based on sex assigned at birth. In response, the State Department revised its passport issuance rules to align with that directive.
This policy shift reversed a long-standing practice that had allowed individuals to apply for passports using their gender identity. In 2022, a third gender marker option, “X,” was added for nonbinary applicants.
In the April 18 ruling, U.S. District Judge Julia Sobick found that the six individuals challenging the policy are likely to succeed on their claim that the rule may be “arbitrary and capricious” under the Fifth Amendment. She also noted that the plaintiffs could face irreparable harm if denied passports matching their gender identity while the case is under review.
The judge’s order temporarily permits the issuance of passports consistent with the plaintiffs’ gender identity but does not extend beyond the current case or halt the policy more broadly. The legal challenge will continue to move through the courts.
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