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On April 18, 2025, U.S. District Judge Julia Kobick issued a preliminary injunction against the Trump administration's policy that sought to eliminate the "X" gender marker on U.S. passports and restrict changes to gender markers. The ruling favors six transgender and nonbinary plaintiffs represented by the American Civil Liberties Union (ACLU), allowing them to obtain passports reflecting their gender identity while the lawsuit proceeds .
⚖️ Legal Grounds for the Injunction
Judge Kobick determined that the administration's policy likely violates the Fifth Amendment's equal protection clause. She stated that the policy appears to be based on "irrational prejudice" against transgender individuals and fails to meet the required legal standards under the Administrative Procedure Act and the Paperwork Reduction Act .
📜 Background of the Policy
In January 2025, President Trump signed an executive order defining sex strictly as male or female, effectively reversing previous policies that allowed for a nonbinary "X" marker on passports. This move aligned with conservative views but contradicted positions held by major medical organizations and the prior administration's inclusive policies .
👥 Impact on Affected Individuals
The ACLU's lawsuit highlights the real-world consequences of the policy:
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Travel Disruptions: One plaintiff has been unable to leave Canada due to delays in receiving a passport with the correct gender marker, risking missed family events and professional commitments.
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Legal Conflicts: Another plaintiff faced accusations of using fraudulent documents when their driver's license and passport had conflicting gender markers.
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Fear of Application: Some individuals are hesitant to apply for passport changes, fearing their applications might be suspended or rejected .
🗣️ ACLU's Response
Li Nowlin-Sohl, senior staff attorney for the ACLU's LGBTQ & HIV Project, hailed the decision as a significant victory against discrimination. The ACLU plans to request that the ruling be extended to protect all transgender and nonbinary individuals, not just the six plaintiffs .
🏛️ Government's Position
The Trump administration contends that the policy does not violate constitutional protections and asserts that the president has broad discretion over passport regulations. The Justice Department argues that plaintiffs can still travel internationally, despite concerns over mismatched identification documents .
