One of President Trump's first executive orders barred people from updating the sex designation on our passports. How does this impact transgender, intersex, and non-binary people?
The executive order has led some to receive a new passport with the wrong sex designation listed, and others with pending applications to have their passports withheld from them. In February, we sued the Trump administration in our case Orrv. Trump on the grounds that the policy is
What is the status of the lawsuit?
On June 17, a federal judge temporarily blocked President Trump's passport policy from taking effect. The State Department must now allow people to receive a passport with their correct gender listed while our case proceeds.
Who does the court order apply to?
The court order applies to all people whose gender identity is different from their sex assigned at birth, and who fit one of the following criteria:
• You intend to apply or already applied for a new passport
• You're applying for a passport with a changed name or sex designation
• You're applying to replace a passport that was lost, stolen, or damaged
• You need to renew a passport that expires within a year
I'm looking to change the sex designation on my passport. When does the order go into effect?
As of June 17, the State Department is legally required to comply with the court order. On the State Department website, there are instructions to apply for a corrected passport if you are a part of the group of people who are affected by the lawsuit.
Anyone who is requesting to update their passport with an M or F should select that on your attestation form as well as your passport. If you are selecting an X designation, you should leave the sex field blank and select "X" on the attestation form.
I've already submitted my passport application listing my sex assigned at birth and would like to change the sex designation to reflect my gender identity. What should I do?
If you've submitted a passport application and it's still being processed, you can either:
• Contact the State Department to let them know that you're part of this class action lawsuit and would like to update your pending passport application, which may require you to submit an application for correction and the attestation form as instructed by the State Department or
• Allow your application to be processed, which will likely result in receiving a passport with your sex assigned at birth, and then apply for a passport with a corrected sex designation.
What should I do if I live in a state that won't let me update the sex designation on my birth certificate?
This lawsuit does not directly impact birth certificates. The sex designation on your birth certificate doesn't have to match the sex designation you're seeking on your passport.
The Trump administration is weaponizing federal law to discriminate against LGBTQ people. Is this legal?
Short answer: No.
Trump's ban on accurate, usable passports for trans, intersex, and non-binary people, is unconstitutional. The ban violates the Equal Protection Clause of the Constitution, the fundamental right to travel, the right to privacy, and our right to free expression.
President Trump is trying to erase protections for LGBTQ people and mandate discrimination by the federal government.
How can we support transgender, intersex, and non-binary people at this time?
We need to fight these attacks with everything we've got. This means demanding that your elected officials push back against the Trump administration's anti-trans agenda.
We're ready for this fight against President Trump's anti-trans policies — but it will take all of us. Join us.