Judge Rejects Trump’s Passport Rule, Paving the Way for Trans and Nonbinary Travelers

A federal judge in Massachusetts has extended a preliminary injunction halting President Donald Trump’s gender identity policy on passports. The ruling also certified a class of trans and nonbinary plaintiffs who are challenging this directive.

U.S. District Judge Julia Kobick emphasized the potential harm the policy could inflict on these individuals. “Absent preliminary injunctive relief, these plaintiffs may effectively be forced to out themselves as transgender or non-binary every time they present their passport,” she stated in her memorandum.

The policy, enacted on January 20, mandates that passports reflect the sex assigned at birth, eliminating the option for an “X” sex marker for nonbinary, intersex, or gender-nonconforming individuals. The plaintiffs seek passports that align with their gender identity instead of their assigned sex.

In discussing the irreparable harm caused by the policy, Kobick referenced expert testimony indicating that requiring transgender and non-binary individuals to use documents aligned with their assigned sex significantly heightens their risk of anxiety, discrimination, and even violence.

The judge noted that the plaintiffs would experience considerable distress if forced to use passports that do not reflect their identities. Her ruling builds upon an April 21 decision that required the State Department to issue passports to six individuals that correspond with their gender identities, labeling the policy likely unconstitutional due to its “irrational prejudice” against transgender Americans.

While Kobick’s latest order does not implement a nationwide injunction, she highlighted alarming reports of harassment faced by plaintiffs when presenting identity documents that do not align with their gender identity. Consequently, three plaintiffs have canceled their international travel plans.

“This decision acknowledges the immediate and profound negative impact that the Trump administration’s passport policy has on the ability of people across the country to travel for work, school, and family,” commented Jessie Rossman, legal director at the ACLU of Massachusetts. She pledged to continue fighting against the policy, which she described as an attack on privacy and the dignity of all individuals.

The State Department has not offered any comments regarding the ongoing litigation.