A recent court decision has brought significant changes for transgender, nonbinary, and intersex passport holders in the United States. A federal judge has widened a preliminary injunction to include two new groups of passport holders. This means that the policy, which required passports to show only the sex assigned at birth, is now temporarily paused for these individuals.

This decision allows anyone applying for a passport to have a sex designation that matches their gender identity or to choose an “X” sex designation. This applies to those getting a new passport, updating their name or sex designation, replacing a lost or damaged passport, or renewing a passport within a year of its expiration. It also includes those who previously received a passport with their sex assigned at birth due to the old policy.

The court’s ruling is a big win against discrimination. It highlights the unfairness of the previous policy, which denied transgender, nonbinary, and intersex people the dignity they deserve. This policy made it hard for people to travel for work, school, or family visits. It also attacked the right to privacy and the freedom to live with dignity.

The fight for this decision started on the first day of a new administration in January 2025. An executive order tried to force discrimination against transgender people in government programs. This included a rule that government IDs, like passports, should show the sex assigned at birth. The State Department stopped processing some passport applications and sent others back with the sex assigned at birth.

The American Civil Liberties Union, the ACLU of Massachusetts, and Covington and Burling LLP filed a lawsuit on behalf of people affected by this policy. They argued that the policy was unfair and discriminatory. The lawsuit was filed in federal court in Massachusetts. It aimed to represent a class of transgender, nonbinary, and intersex passport holders. All twelve plaintiffs were appointed as class representatives.

This decision is a step forward, but the fight is not over. The goal is to block the policy permanently and ensure that all people can live with dignity and respect. The court’s ruling is a reminder that everyone deserves equal justice under the law. It is a victory against discrimination and a win for equal rights. It shows that the fight for equality is ongoing, and every step forward is a step closer to a more just and equal society.

US PASSPORT POLICY

Passport Progress: A Step Forward for Transgender Rights

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