New Passport Policy Creates Confusion and Hardship
The U.S. government has stopped allowing changes to gender markers on passports, a move that has left many transgender, nonbinary, and intersex Americans scrambling to secure travel documents. The policy shift, which took effect immediately after President Donald Trump returned to office, has led to a federal lawsuit challenging the decision.
For people like Mellow Suhay, a 21-year-old transgender woman from Norfolk, Virginia, the policy change has sparked deep uncertainty. Mellow and her mother rushed to a passport office the day after Trump’s inauguration, fearing that worsening conditions for transgender people in the U.S. might force them to flee the country.
Mellow explained that obtaining a passport was urgent because she wanted an option to leave if the political climate became too dangerous. She said that if the worst were to happen and her life was at risk, she needed a way out.
State Department Ends Gender Marker Updates
Following Trump’s Jan. 20 executive order, the State Department immediately stopped issuing passports with the “X” gender marker and halted changes to gender listings on passports. Applications requesting updates were placed on hold, and the department removed references to transgender and intersex people from its website for LGBTQI+ travelers.
Mellow, aware of the policy shift, reluctantly checked “male” on her passport application despite this contradicting both her identity and her state-issued driver’s license. She described the experience as deeply emotional because she felt forced to swear an oath to information that did not align with who she truly was. Her mother now worries that the inconsistency between documents could cause legal issues or even result in her passport being denied.
Trump Administration Expands Restrictions on Transgender Rights
The passport policy is just one of several actions the Trump administration has taken since returning to office that impact transgender Americans. The executive order defining sex as strictly male or female has been used to justify other policy changes. One of the most controversial aspects of the order requires transgender women to be housed in men’s prisons. The administration has also moved toward barring federal funds from covering gender-affirming care for minors and enforcing restrictions that would prevent transgender girls and women from participating in women’s sports. The possibility of reinstating a ban on transgender service members in the military is also under consideration.
Lawsuit Challenges Passport Policy
On Friday, the American Civil Liberties Union (ACLU) filed a federal lawsuit in Boston, arguing that the passport policy discriminates against transgender and nonbinary individuals. The lawsuit claims that the decision violates equal protection rights, privacy, and free speech. It also alleges that the abrupt policy change violates federal administrative procedures, which require a 60-day public notice period before such regulations can take effect.
The Trump administration has said that existing passports will remain valid. However, advocacy groups have warned that individuals with an “X” gender marker on their passport could face difficulties when traveling, particularly when re-entering the U.S.
Families and Advocates Face Uncertainty
Elise Flatland, a mother in Olathe, Kansas, has been waiting for months to hear whether her 12-year-old transgender son’s passport application has been approved. While passports for her other children arrived without issue, her son’s remains in limbo. Flatland said the passport is essential because if gender-affirming care becomes unavailable in the U.S., her family needs the option to travel abroad for treatment.
The family also fears the political climate surrounding transgender rights in their state. A 2023 Kansas law prevents her son from updating his birth certificate, meaning he has no government-issued document that reflects his gender. She noted that since Trump’s re-election, there has been a growing sense of hostility toward transgender individuals, with people feeling emboldened to be openly discriminatory.
Ash Lazarus Orr, a transgender advocate from West Virginia, also faces uncertainty due to the policy change. He submitted an expedited request to update his passport gender marker just days before Trump took office. However, because the application was processed after the inauguration, he now expects it to be denied. Complicating the situation further, the State Department is holding his original passport, birth certificate, and marriage license, which puts his upcoming travel plans at risk. He expressed concerns that his documents could remain stuck in bureaucratic limbo for the duration of Trump’s presidency, leaving him unable to travel internationally.
Denied Passport Change Sparks Outrage
Zaya Perysian, a transgender content creator from Los Angeles, had her passport application “corrected” by the government. She applied for an expedited gender marker update, using a booked flight to Canada as justification. When her new passport arrived, the gender listing remained “male,” and she received a letter stating that her application had been changed.
Perysian believes the issue extends beyond passports, saying that the administration is actively working to erase transgender identities. She argued that the goal is to make transgender people feel invalidated and to return to a time when they were treated as outsiders in society.
Both Orr and Perysian are among the plaintiffs in the ACLU lawsuit seeking to overturn the passport policy.
