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Federal Judge Halts Trump Administration's Ban on Passport Gender Marker Changes

The injunction temporarily blocks enforcement of a policy restricting nonbinary 'X' markers and gender updates on U.S. passports, citing constitutional concerns.

Demonstrators on Transgender Day of Visibility rally at the Pennsylvania Capitol, Monday, March 31, 2025, in Harrisburg, Pa. (AP Photo/Marc Levy)
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A demonstrator holds a trans flag during a rally in support of trans youth at Seattle Children’s hospital, following U.S. President Donald Trump’s executive order that denies federal funding for pediatric gender-affirming care, in Seattle, Washington, U.S. February 8, 2025. REUTERS/David Ryder/File Photo
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Overview

  • U.S. District Judge Julia Kobick issued a preliminary injunction preventing the Trump administration from enforcing its passport gender policy while the lawsuit continues.
  • The executive order signed by President Trump in January established a binary definition of sex and led to the suspension of 'X' markers and gender marker changes on passports.
  • The ACLU, representing seven transgender and nonbinary plaintiffs, argued the policy violates constitutional protections and creates safety risks for affected individuals.
  • Judge Kobick ruled that the policy fails intermediate judicial scrutiny, stating it does not sufficiently demonstrate a substantial relation to an important governmental interest.
  • The Trump administration maintains the policy is lawful and asserts that affected individuals can still travel internationally despite the passport restrictions.