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.