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3w ago

State Department Processes Gender-Marker Passport Updates Under Injunction

A court-mandated attestation form now enables passports to reflect self-declared gender identity under the current injunction.

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

  • On June 17, Judge Julia Kobick expanded a preliminary injunction in Orr v. Trump to bar the State Department’s binary-only passport policy and certify a nationwide class of trans, nonbinary, and intersex applicants.
  • The department released the required attestation form on July 2 and has begun processing gender-marker changes for class members in compliance with the court order.
  • Those seeking an X designation must leave the sex field blank on their passport application and mark X on the attestation form since the online option remains unavailable.
  • The ACLU urges class members to apply promptly because a successful appeal could stay the injunction and pause current relief.
  • Applicants who received incorrect gender markers earlier this year can request free corrections using form DS-5504 without submitting updated birth certificates.