What Happened
In January 2025, President Trump signed an executive order directing federal agencies to record only two sexes — male and female — as determined at birth. One of the first effects was on passports. The State Department stopped accepting applications for updated gender markers or X markers.
A federal judge in Massachusetts blocked the policy in mid-2025, temporarily allowing trans people to apply for passports reflecting their gender identity. But in November 2025, the Supreme Court stepped in. The court allowed the Trump administration to enforce the policy while legal challenges continue.
What It Means Right Now
As of June 2026, US passports are only issued with M or F markers that match the applicant's sex at birth. The X marker option is gone. If you apply for a new passport, renew an existing one, or replace a lost or damaged passport, it will show the sex recorded on your birth certificate.
Passports that were updated under the previous policy — including those with X markers — remain valid until they expire. You do not need to replace a valid passport. However, if you need a new one for any reason, the updated marker will not be available.
What About Travel
For domestic travel within the US, a passport is not your only option. A REAL ID-compliant driver's licence or state ID can be used to board domestic flights instead. Many states allow gender marker updates on state-issued IDs, so check what is available in your state.
For international travel, the situation is more complex. Your passport will show your sex at birth, which may not match how you present or how other documents identify you. This creates real safety risks in countries that are hostile to trans people. Lambda Legal recommends considering those risks carefully before travelling internationally, and checking current advice from trans travel safety organisations before you go.
What Is Still Being Fought
The November 2025 Supreme Court ruling was not a final decision — it was a temporary order allowing the policy to stay in place while the full legal case continues. The ACLU and other organisations are still challenging the policy in court. The outcome of that challenge could change the rules again.
We will update this page as the legal situation develops. For the most current information, check the resources below.
Where to Get Help
Lambda Legal — lambdalegal.org — provides current guidance on passport policy and identity documents for trans people.
Advocates for Trans Equality — transequality.org — has state-by-state guides on updating gender markers on state IDs and other documents.
The ACLU — aclu.org — is tracking ongoing litigation and publishing updates on legal challenges to the passport policy.
