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State Department Begins Gender-Marker Passport Updates Under Court Order

Applicants are now able to secure passports reflecting their gender identity through a court-ordered attestation process subject to a possible stay

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A traveler holds a U.S. passports at San Diego International Airport.
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Overview

  • The Massachusetts court expanded a preliminary injunction on June 17 into a class action covering all transgender, nonbinary, and intersex Americans, blocking enforcement of the biological sex-only passport rule
  • The department started complying in early July by issuing a July 2 attestation form that lets applicants self-select M, F, or X markers
  • Those choosing an X designation must leave the sex field blank and mark X on the attestation because online forms for nonbinary options are not yet restored
  • Individuals who received passports with incorrect markers earlier this year can file a fee-free correction via form DS-5504 without submitting a revised birth certificate
  • Advocates urge prompt applications because the relief could be halted if the administration secures a stay or wins an appeal