Passport Gender Markers — Why the Latest US Ruling Matters

What’s changed: a rollback on gender‑affirming passport options

• For several years, the U.S. Department of State allowed U.S. passport applicants to self‑select their gender marker: “M,” “F,” or “X.” The “X” option — intended to serve nonbinary, intersex, and gender‑nonconforming individuals — was formally added starting in 2022. 

• On January 20, 2025, under Donald J. Trump, the U.S. government issued Executive Order 14168, requiring all federal identity documents, including passports, to reflect a person’s “biological sex at birth.” 

• Implementation followed quickly — passports with “X” or gender‑affirmed markers are no longer being accepted for new or renewed applications. 

• On 6 November 2025, the United States Supreme Court granted the Trump administration’s request to stay a lower‑court order that had temporarily protected the ability of trans and nonbinary people to get identity‑affirming markers (including “X”). This means the rollback — requiring passports to show sex assigned at birth — can be enforced while the broader court case proceeds. 

In short: at present, new U.S. passports (or renewals) will no longer reflect a gender marker chosen to match a person’s gender identity — only the sex assigned at birth (M or F) is allowed.

Why it matters — identity documents, visibility, and safety

• For many transgender, nonbinary and intersex people, ID documents like passports are more than travel papers — they’re key affirmations of identity. Forcing a passport to “out” someone (i.e. list a sex at birth that does not match their gender presentation) undermines dignity, erases their identity, and can exacerbate feelings of dysphoria.

• According to American Civil Liberties Union (ACLU) and other advocates, forcing people to carry passports that “out them against their will” increases the risk of harassment, discrimination, and potentially violence — especially when travelling, crossing borders, or facing scrutiny. 

• From a legal identity‑document standpoint, the change creates a mismatch: a person might have other IDs (state-issued driver’s license, medical records, social security, etc.) that match their gender identity — but their federal passport will reflect birth sex. This inconsistency can create major complications in everyday life and travel.

Travel implications & international recognition

• Official guidance from the State Department says that valid passports — including those previously issued with “X” or gender‑affirmed markers — remain technically valid until they expire. 

• However, because airlines, border agents, or foreign immigration authorities may rely on passport data (sex marker, name, appearance), a passport that “outs” someone may trigger scrutiny, delays, or worst‑case — harassment. This risk is heightened when appearance and passport marker don’t align with what an official expects.

• Additionally, the rollback signals broader bureaucratic retrenchment: the policy explicitly rejects recognition of gender identity on federal documents, which could influence other areas beyond passports (visas, immigration, consular services, etc.). 

For trans, nonbinary, and gender‑diverse people — navigating identity under uncertainty

Given how fast the policy and legal environment shifted, individuals may face difficult decisions:

• If you currently hold a passport with a gender‑affirming marker (“X” or a corrected sex after transition), that passport remains valid — but when it's time to renew or replace it, you may be forced to revert to a birth‑sex marker.

• You may face increased “outing” risk — especially during international travel, immigration, or crossing borders. The misalignment between gender identity/presentation and passport marker can make you vulnerable to scrutiny or discrimination.

• The legal challenge (in Orr v. Trump) is ongoing, but the Supreme Court’s emergency ruling means there is no guarantee of reinstating the inclusive policy soon. 

• Many people may now avoid renewing passports, travel, or obtain other forms of ID — but this can bring its own complications, especially for those who rely on federally issued ID for work, immigration, or other essential purposes.

What this means for broader trans & nonbinary rights — and why people are watching

• The rollback of gender‑affirming passport markers represents more than a change to a form — it’s symbolic and practical erasure: the government is re‑asserting a narrow, birth‑assigned concept of “sex,” rejecting gender identity recognition federally.

• For advocates and community organizations, this decision marks a major setback in the fight for trans and nonbinary people’s recognition, dignity, safety, and mobility.

• International human‑rights and civil‑rights groups warn that such policies may increase discrimination, expose people to state or non‑state violence, and reduce the ability of trans, nonbinary, and intersex people to travel safely or live openly. 

• For anyone who identifies as trans, nonbinary, or gender‑diverse — and who travels, lives, works or emigrates — this ruling may significantly complicate how they present themselves and how they are perceived by authorities abroad.

What to Do — Recommendations for Trans & Nonbinary Individuals

1. Check your current passport status

   • If your passport was issued with a gender-affirming marker (“X” or corrected sex), it remains valid until expiration. Keep it safe and use it for travel whenever possible.

   • Avoid rushing to renew unless necessary, as new applications currently must list sex assigned at birth.

2. Prepare for potential travel challenges

   • Keep additional identification documents that match your gender identity (state IDs, driver’s license, medical IDs) to reduce scrutiny.

   • Consider contacting airlines or border authorities in advance if you anticipate issues when traveling internationally.

3. Know your rights and legal support options

   • Organizations like the ACLU, Lambda Legal, and National Center for Transgender Equality provide guidance and legal resources for navigating passport or ID challenges.

   • Document any instances of harassment or discrimination while using your ID for official purposes.

4. Plan for international travel carefully

   • Some countries may require alignment between passport gender markers and presentation; research destination requirements before travel.

   • Be aware of potential risks when crossing borders, particularly if your passport marker conflicts with other IDs.

5. Stay informed about ongoing litigation

   • Legal challenges against the rollback are still underway. Updates may allow reinstatement of gender-affirming markers in the future.

   • Subscribe to updates from trusted LGBTQIA+ advocacy groups to know when changes occur.

6. Maintain a personal safety plan

   • Consider strategies to reduce visibility risks in situations where ID mismatches may attract attention.

   • Trusted friends, community networks, and advocacy groups can provide support during travel or bureaucratic processes.

7. Advocate and engage

   • Share experiences and stay engaged with campaigns for inclusive ID policies. Collective advocacy helps highlight the practical and safety impacts of these rulings.