Overview
- The State Department is issuing only 'M' or 'F' markers that match the sex on an applicant’s original birth certificate, ending the 'X' option and prior self-attestation.
- Applicants requesting a marker different from their birth records may face delays or requests for more information, and new passports will reflect birth-assigned sex.
- The policy implements Executive Order 14168, which directs federal recognition of only two sexes across agencies.
- The Supreme Court’s emergency order permits implementation while litigation continues, with Justices Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan dissenting.
- Advocacy groups warn of increased risks when IDs do not match lived gender, and the Court has scheduled further arguments on related constitutional questions for January 2026.