US Gender Neutral Passport Holders Face Uncertainty

In a move that has sparked outrage among LGBTQ+ advocates, the Trump administration has issued an executive order effectively ending the availability of gender-neutral passports in the United States. This decision reverses a policy enacted in 2022 that allowed individuals to select an “X” gender marker on their passports, providing recognition for those who identify as nonbinary, intersex, or gender non-conforming.

Trump says “Only Two Genders”

During his inaugural address, Trump declared, “As of today, it will henceforth be the official policy of the United States government that there are only two genders, male and female.” This statement reflects the core principle driving the executive order, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order mandates the use of “sex” rather than “gender” and defines identification based on “an individual’s immutable biological classification as either male or female.”

This action places the United States at odds with many countries embracing gender-neutral passport options. Currently, 17 other nations, including Nepal, Pakistan, Denmark, Malta, Australia, Canada, Germany, India, and New Zealand, offer a third gender option or allow for the removal of gender markers altogether. This trend reflects a global shift towards recognizing and accommodating the diverse spectrum of gender identities.

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Executive Order and Implementation

It is important to note that executive orders are not equivalent to official government policies. They function more as directives issued by the president to federal agencies. These agencies then have 30 days to formulate a plan of action to implement the order, a process that can take months or even years, depending on the complexity of the order and the agency’s willingness to comply.

In this case, the State Department, which oversees passport issuance, will be responsible for implementing the changes dictated by the executive order. This will likely involve revising application forms, updating internal procedures, and potentially retraining staff.

Impact on Existing Passports

The White House has clarified that the executive order is not retroactive, meaning that previously issued passports with the “X” gender marker remain valid. However, individuals with these passports must select a binary gender marker (male or female) when renewing their passports or applying for other government-issued documents.

“They can still apply to renew their passport — they just have to use their God-given sex, which was decided at birth,” stated White House press secretary Karoline Leavitt. This statement underscores the administration’s stance on gender identity, emphasizing biological sex assigned at birth as the sole determinant of an individual’s gender.

Limiting the Scope of Bostock v. Clay County

The executive order explicitly aims to curtail the impact of the landmark 2020 Supreme Court ruling in Bostock v. Clay County. In this case, the court held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination “on the basis of sex,” also encompasses discrimination based on sexual orientation and gender identity. The Trump administration contends that the Biden administration misinterpreted Bostock to mandate gender identity-based access to single-sex spaces. The order directs the Attorney General to issue guidance to federal agencies to rectify this alleged misapplication of the ruling.

person standing with their face completely covered by a trans flag

Implications for the Transgender and Nonbinary Community

While an estimated fewer than 17,000 people annually utilize the “X” gender marker on their passports, its removal represents a significant symbolic setback for the transgender and nonbinary community. The availability of this option provided official recognition and affirmation of their identities. Its elimination reinforces the notion that their identities are not valid or worthy of acknowledgment.

This decision may have practical consequences. Some transgender and nonbinary individuals already faced challenges when traveling due to discrepancies between their passport gender marker and their physical appearance or other forms of identification. The removal of the “X” marker may exacerbate these difficulties, potentially leading to increased scrutiny, harassment, or even denial of entry at borders.

The executive order’s broader implications for transgender rights are concerning. The administration’s efforts to limit the scope of the Bostock ruling could have far-reaching consequences for transgender individuals in areas such as employment, housing, healthcare, and education.

The Trump administration’s reversal of the gender-neutral passport policy marks a significant step backward in the fight for transgender and nonbinary rights in the United States. It contradicts the growing international trend toward recognizing and accommodating gender diversity and sends a harmful message to transgender and nonbinary individuals that their identities are not valued or respected. The long-term impact of this decision remains to be seen, but it is likely to face legal challenges and continued opposition from LGBTQ+ advocates and allies.

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