Overview

• U.S. District Judge Julia Kobick broadened her April preliminary injunction to cover all transgender and nonbinary Americans seeking new, renewed or updated passports.
• The expanded order applies to those without valid passports, passports expiring within a year, or those needing a name or gender marker change due to loss, theft or transition.
• Trump’s January executive order mandated that passports reflect the sex assigned at birth and halted issuance of 'X' markers under a binary definition.
• Kobick found the policy likely violates equal protection because it discriminates against transgender Americans and fails intermediate judicial scrutiny.
• The ACLU hailed the decision as a critical victory while the Justice Department has appealed last month’s initial injunction.