Overview

• A three‑judge appeals panel denied the Trump administration’s bid to pause the June order restoring the 'X' designation.
• Federal authorities remain obligated to issue passports with an 'X' gender marker for applicants who are not male or female.
• U.S. District Judge Julia Kobick ordered the resumption in June, citing immediate and irreparable harms if the option were withdrawn.
• Following a January executive order recognizing only male and female, the State Department had halted processing for non‑binary applicants.
• The 'X' marker was first introduced in October 2021 under President Joe Biden, underscoring the policy’s shift across administrations.