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Judge Broadens Injunction Blocking Trump Administration’s Passport Sex-Marker Policy

The ruling is based on a finding that the administration’s binary sex definition fails to meet constitutional standards under intermediate scrutiny.

A partially completed passport application, with an X gender marker, is seen on a computer monitor in Alexandria, Virginia, on April 11, 2022.
U.S. President Donald Trump gestures as he attends a family photo session during the G7 Summit, in Kananaskis, Alberta, Canada, June 16, 2025. REUTERS/Suzanne Plunkett/Pool/File Photo
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Overview

  • The injunction now covers all transgender and nonbinary Americans seeking passports that reflect their gender identity rather than only the six original plaintiffs.
  • It applies to those without a valid passport, individuals whose passports expire within a year, and applicants replacing lost, stolen, renamed or reclassified documents.
  • U.S. District Judge Julia Kobick ruled that classifying applicants solely by binary sex requires intermediate scrutiny and found the government failed to show an important interest.
  • The January executive order narrowly defines sex as male or female and rejects recognition of gender transition in federal documents.
  • Advocacy groups such as the ACLU cited instances of misdesignated passports and application suspensions as harms driving their legal challenge.