The State Department has updated its guidelines on passports with “X” sex markers and on requests to modify a passport’s sex marker, according to a leaked memo published by independent investigative journalist Ken Klippenstein.
These changes follow an anti-trans executive order signed by President Donald Trump on his first day back in office, directing federal agencies to recognize only two fixed sexes assigned at conception. The order led to widespread administrative confusion as agencies struggled to implement its rigid definition of sex without clear guidance.
“Trump’s order will … prevent transgender and intersex people from obtaining new passports, visas, and trusted traveler documents that reflect who they are and how they are perceived in the world,” Gillian Branstetter, communications strategist for the American Civil Liberties Union (ACLU), said in an explainer on the executive order.
Anticipating restrictive changes, LGBTQ advocates had urged transgender people to update their federal documents before the inauguration, as passports remain valid for ten years. Many also feared that they might need to leave the country for their safety, which requires a valid passport.
Within 24 hours of Trump’s anti-trans order, the State Department ceased issuing U.S. passports with “X” gender markers and suspended applications for gender marker updates. It also began retaining some passports and supporting documents — such as birth certificates and court orders — submitted by transgender applicants. Others saw their applications denied and received new passports reflecting their sex assigned at birth.
In fact, the ACLU reports that more than 1,500 transgender people and their family members have reached out through its legal intake form, many with suspended or pending passport applications. The organization is now suing the administration on behalf of seven people who have been denied passports that align with their identity or that are at risk of being affected upon renewal.
“The plaintiffs in this case have had their lives disrupted by a chaotic policy clearly motivated by animus that serves zero public interest,” Sruti Swaminathan, staff attorney for the ACLU’s LGBTQ & HIV Project, said in a press release about the lawsuit.
According to the new State Department memo, existing unexpired passports will remain valid. The memo does not mention confiscation, and transgender journalist Erin Reed believes this is unlikely. However, the policy on renewals remains ambiguous. Applications will be evaluated based on a “preponderance of evidence,” a relatively low standard of proof, but the memo clarifies that this applies strictly to biological sex at birth, not gender identity. Applicants may need to provide birth certificates or early medical records to confirm their sex assigned at birth matches the requested marker.
“While it is a relief that the official guidance allows existing passports to remain valid, the red tape and requirements to prove your gender is absurd,” LGBTQ legislative researcher Allison Chapman told Truthout. “For a government all about efficiency, it seems inefficient to scrutinize passports on the basis of gender markers.”
The guidance also eliminates the “X” marker, requiring those with that marker on their passport to switch to either “M” or “F” based on their recorded sex at birth. If documentation is unclear or conflicting, applications may be suspended until further proof is provided, creating significant barriers for transgender and intersex people. However, the memo does clarify that identity documents already issued with an “X” sex marker remain valid until they are replaced or expire.
“These rules make it more difficult for transgender people to obtain a passport, and adds the potential for additional delays in granting a passport if the state department decides they think you are transgender,” Chapman said.
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