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State Department Halts Gender-Marker Changes, Notes Authority to Invalidate Existing Passports

The update follows a Supreme Court stay permitting enforcement during the Orr v. Trump appeal.

Overview

  • The State Department’s updated guidance says it will issue passports only reflecting sex at birth and will not honor attestations requesting other markers.
  • The FAQ states a passport remains valid until expiration or “until we invalidate it under federal regulations,” prompting concern about potential future revocations.
  • Activists say the language suggests possible targeted invalidations, though the department has not announced any mass rescission of current passports.
  • The webpage change, first flagged by Transitics, was verified by outlets that also noted prior government filings contemplating revoking and replacing passports.
  • Operational shifts continue as CBP instructed airlines to disregard X markers in October, while ACLU-led litigation proceeds and Justice Ketanji Brown Jackson’s dissent warned of immediate harms.