A federal judge has blocked a controversial executive order signed by former President Donald Trump that sought to recognize only two genders—male and female—under U.S. federal law and suspend the issuance of non-binary ‘X’ gender markers on passports.
The order, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” was part of a broader set of policies rolled out by Trump following his return to the White House. The directive aimed to eliminate legal recognition of transgender and non-binary identities in federal documents and programs.
Under the Biden administration, the State Department began allowing individuals to select an ‘X’ gender marker on passports in October 2021, a move widely praised by LGBTQ+ advocates. Trump’s order reversed this policy, requiring applicants to use only biological sex markers.
However, U.S. District Judge Julia Kobick ruled that the order and the accompanying passport policy are likely unconstitutional. In her decision, Kobick stated:
“The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny… The government has failed to meet this standard.”
She further noted that the plaintiffs—five transgender and two non-binary individuals—had demonstrated that the policy was driven by “irrational prejudice toward transgender Americans” and infringed upon the constitutional guarantee of equal protection.
The lawsuit was filed by the American Civil Liberties Union (ACLU), which argued that the policy would prevent transgender and non-binary Americans from obtaining accurate identification, exposing them to increased risk of discrimination and violence.
Sruti Swaminathan, a staff attorney with the ACLU, commented:
“We all have a right to accurate identity documents, and this policy invites harassment, discrimination, and violence against transgender Americans who can no longer obtain or renew a passport that matches who they are.”
In response, the Trump administration defended the policy, stating that it does not violate the Constitution and asserting that affected individuals can still obtain passports using their biological sex.
For now, the judge’s ruling halts the enforcement of the executive order and preserves access to non-binary passport options—at least temporarily—as legal proceedings continue.