Upon returning to the White House, Donald Trump wasted no time reshaping federal policies, signing multiple executive orders in a matter of hours. One of the most contentious of these orders targets gender recognition, reversing key decisions made by the previous administration.
A new decree establishes a strict, binary definition of gender across all federal documents. This change significantly affects transgender and non-binary individuals, who now face restrictions on official records, including passports and legal documentation. The speed at which these changes were enacted has left many in a state of confusion, scrambling to understand the impact and explore legal recourse.
Broader Implications of the Executive Order
The consequences of the order extend far beyond passports. It also affects legal documentation, federal prison policies, and other government practices related to gender identity. Advocacy groups are mobilizing in response, preparing lawsuits, and helping affected individuals find alternatives. Understanding the full scope of these changes is crucial for those impacted and for anyone invested in the future of gender identity rights in the U.S.
Key Changes in the Executive Order
Trump’s executive order, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” marks a dramatic rollback of federal gender recognition policies. It mandates a binary classification of sex based solely on biological characteristics at birth, effectively reversing previous measures that recognized gender diversity.
Under the Biden administration, Americans had the option to select a non-binary “X” gender marker on their passports, in line with global practices. The first U.S. passport with an X marker was issued in October 2021, a milestone hailed as a step toward inclusivity. Jessica Stern, former U.S. Special Envoy for LGBTQ+ Rights, called the move “a monumental step toward ensuring that U.S. administrative systems reflect the diversity of gender identity, gender expression, and sex characteristics among citizens.”
Trump’s new order undoes this progress, requiring that all official documents reflect only male or female designations. Secretary of State Marco Rubio confirmed this shift in an internal memo to employees, stating: “The policy of the United States is that an individual’s sex is not changeable. Sex and not gender shall be used on passports and consular reports of birth abroad.”
The order also affects federal prison policies, now requiring that housing assignments strictly follow biological sex rather than gender identity. This has raised concerns from transgender advocacy groups, who argue that placing transgender women in men’s prisons increases the risk of violence and abuse.
Additionally, the order limits gender-affirming policies across various federal institutions, reversing recognition of gender identity in areas like healthcare, workplace protections, and legal matters.
Impact on Passports and Those Affected
One immediate effect of the executive order is the suspension of passport applications that request the X gender marker. This decision leaves many non-binary, intersex, and gender-nonconforming individuals in legal limbo, with no clear guidance on how to proceed with passport renewals or updates.
Introduced under the Biden administration, the X gender marker was part of a broader effort to recognize gender diversity in federal documentation. Now, with the new order in place, individuals who had previously applied for or received an X marker may face challenges when traveling or dealing with legal documentation.
In a memo obtained by The Guardian, Secretary Rubio instructed State Department staff to “Suspend any application requesting an X sex marker. Suspend any application where the applicant is seeking to change their sex marker.” As a result, passport applications with X markers will no longer be processed, and applicants may face complications in both their travel and legal status.
Although existing X-marked passports remain valid, several concerns have been raised. There is no clarity on whether individuals with X passports will be able to renew them. Furthermore, those traveling internationally with an X gender marker may face increased scrutiny in countries that no longer recognize this designation, raising concerns about border crossings and customs checks. Additionally, individuals with X passports but different legal records (e.g., Social Security or state-issued IDs) may encounter difficulties when verifying their identity in federal or international systems.
Reactions and Legal Challenges
LGBTQ+ advocacy groups have fiercely criticized the executive order, calling it a direct attack on the rights of transgender and non-binary individuals. GLAAD President Sarah Kate Ellis condemned the move, stating: “Transgender people are already serving in the military with honor and keeping our country safer and stronger. The Trump administration’s rhetoric targeting transgender people is inaccurate and harmful.”
Legal experts predict a wave of lawsuits challenging the constitutionality of the executive order. The American Civil Liberties Union (ACLU) has already signaled plans to file an injunction, arguing that the order discriminates against a legally recognized group and violates constitutional protections.
Legal challenges to the order will likely center on issues like the Equal Protection Clause, which prohibits discrimination based on sex, and the administrative authority of the State Department, which opponents argue should not unilaterally alter gender-related policies. Human rights organizations have also raised concerns about potential violations of U.S. obligations under international treaties, especially regarding the recognition of gender identity.
What to Do If Affected
Individuals holding X gender-marker passports should monitor their passport expiration dates, as existing documents remain valid for now. Those eligible for renewal should consider doing so early, as the policy may become more restrictive over time. It’s also important to stay informed about legal developments, as ongoing litigation could impact passport regulations.
Anyone who applied for an X gender marker passport before the executive order was enacted should contact the U.S. State Department to check the status of their application. Some requests may have been placed on hold or denied. Seeking legal counsel can also be helpful, as organizations like the ACLU and Lambda Legal provide assistance for those affected by these changes.
Non-binary individuals traveling with an X passport should be aware of the potential difficulties in countries that do not recognize the X marker. Consulting the embassy of the destination country beforehand is recommended, and carrying supporting documentation, such as a state-issued ID or previous passport records, can help address discrepancies.
The Future of Gender Identity Documentation in the U.S.
Trump’s executive order represents a major shift in federal gender documentation policies, reversing the inclusion of the X gender marker on U.S. passports and reinstating a binary definition of sex. This change has significant implications for non-binary Americans, raising concerns about legal recognition, travel rights, and civil liberties.
As legal challenges continue, the outcome of lawsuits could determine whether the policy is upheld or struck down. The introduction of the X gender marker by the Biden administration was a key step toward inclusivity, and its reversal highlights the ongoing political divide over gender identity rights in the U.S.
Looking ahead, the future of gender-related documentation remains uncertain. If the executive order is successfully challenged, there could be a reinstatement of the X gender marker. However, if the policy is upheld, similar restrictions may extend to other forms of government-issued identification.
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